HV 

REPORT 


DOCUMENTS  w  TUE 

SEPT, 


I  Probation  Commission 


OF   THE 


STATE  OF  NEW  YORK 


Appointed  pursuant  to  the  provisions  of  Chapter  714, 
Laws  of  1905 


ALBANY 

BRANDOW  PRINTING  COMPANY 

STATE  LEGISLATIVE  PRINTER 

1906 


GIFT   OF 


DOCUMENTS 
DEPT. 


i 


REPORT 


OF   THE 


Probation  Commission 


OF    THE 


STATE  OF  NEW  YORK 


Appointed  pursuant  to  the  provisions  of  Chapter  714. 
Laws  of  1905 


ALBANY 

BRANDO W  PRINTING  COMPANY 

STATE  LEGISLATIVE  PRINTER 

1906 


Y 


V 


38174- 


PROBATION    COMMISSION 


OF    THE 


State  of  New  York 


1905-6 


HOMER  FOLKS,  Chairman 105  East  22nd  St. 

LAWRENCE  VEILLER 55  West  44th  St. 

MARCUS  STINE " 34  East  72nd  St. 

CHAS.  F.  MCKENNA 221  Pearl  St. 

SAMUEL  J.  BARROWS ? 135  East  15th  St. 

Miss  FRANCES  A.  KELLOR Ill  East  23rd  St. 

HOWARD  R.   BAYNE 67  Wall   St. 

HOWARD  S.  GANS New  Criminal  Court  Building. 

Miss  ALICE  WOODBRIDGE 110  Second  Avenue 

MRS.  TUNIS  G.  BERGEN 101  Willow  St.,  Brooklyn,  N.  Y. 

MRS.  W.  W.  ARMSTRONG. Rochester,  N.  Y. 

HON.  DENNIS  MCCARTHY Syracuse,  N.  Y. 

HON.  ROGER  P.  CLARK Binghaniton,  N.  Y. 

FREDERICK  ALM Y 19  Tupper  St.,  Buffalo,  N.  Y. 

CHARLES  E.  RUSHMORE,  ESQ.,  Counsel 40  Wall  St. 

KINGSBERY  FOSTER,  Secretary 105  East  22nd  St. 

Offices: 
105  E.  22ND  ST.,  ROOM  504-505  UNITED  CHARITIES  BLDG. 


COMMITTEES 

Executive  Committee: 
HOMER  FOLKS,  Chairman. 

Mrs.  ARMSTRONG,        Miss  KELLOR,  Mr.  MCCARTHY, 

Mr.  MCKENNA,  Mr.  STINE,  Mr.  VEILLER. 

Committee  on  Hearings: 

Mr.  BAYNE,  Mr.  GANS,  Mr.  STINE. 

• 
Committee  on  Reports,  Literature,  Statistics,  etc.: 

Mr.  ALMY,  Mrs.  BERGEN,  Mr.  BARROWS. 

Committee  on  Court  Records: 
Mrs.  BERGEN,  Mr.  CLARK,  Miss  WOODBRIDGE. 

Committee  on  Audit: 
Miss  KELLOR. 


TABLE  OF  CONTENTS. 


PAQB. 

1.  METHOD  OF  INVESTIGATION 2 

2.  STATUTORY  HISTORY  OF  PROBATION  IN  THIS  STATE 5 

(a)  General  Laws 5 

(b)  Local  Laws 8 

(c)  Laws  relating  to  Individuals 10 

3.  PRESENT  CONDITIONS  IN  PROBATION  WORK  IN  NEW  YORK 10 

I     Probation  for  adults: 

(a)  Magistrates  courts,  first  division,  New  York  City." 10 

(b)  Magistrates  courts,  second  division,  New  York  City 14 

(c)  Court  of  special  sessions,  first  division,  New  York  City 15 

(d)  Court  of  special  sessions,  second  division,  New  York  City, 

and  county  court  of  Kings  County 18 

(e)  Court  of  general  sessions,  New  York  City 18 

(f)  Rochester 19 

(g)  Other  portions  of  the  State 20 

II     Probation  for  Children: 

(a)  Boroughs  of  Manhattan  and  the  Bronx,  New  York  City. ...  22 

(b)  Boroughs  of  Brooklyn  and  Queens,  New  York  City 29 

(c)  Buffalo 32 

(d)  Rochester 35 

(e)  Syracuse 36 

(f)  Schenectady 38 

(g)  Albany 39 

(h)   Troy 40 

(i)     Binghamton 40 

(j)     Other  parts  of  the  State .-  40 

4.  MERITS  AND  DEFECTS  OF  PROBATION  WORK  AS  Now  CARRIED  ON 43 

I     Probation  for  Adults: 

(a)  Magistrates  courts,  New  York  City 43 

(b)  Court  of  special  sessions,  first  division,  New  York  City. ...  49 

(c)  Court  of  special  sessions,  second  division,  New  York  City, 

and  Kings  County  Court 51 

(d)  Rochester,  and  other  parts  of  the  State 51 


iv  TABLE  OF  CONTENTS. 

II     Probation  for  children:  PAGE 

(a)  Children's  court,  boroughs  of  Manhattan  and  the  Bronx. .  .  52 

(b)  Children's  court,  boroughs  of  Brooklyn  and  Queens 55 

(c)  Children's  court,  Buffalo 56 

(d)  Children's  court,  Rochester 59 

(e)  Children's  court,  Syracuse. . 59 

(f)  Children's  Court,  Utica ,  .* 60 

(g)  Children's  court,  Schenectady 60 

(h)    Children's  courts,  Albany  and  Troy 60 

III     Some  General  Deficiencies: 

(a)  Too  indiscriminate  use  of  probation 61 

(b)  Probation  too  attenuated 61 

(c)  Too  short  a  period  of  probation 62 

(d)  No  penalty  for  unsatisfactory  behavior  while  on  probation  63 

(e)  Suspension  of  sentence  without  probation 64 

(f)  Evasion  of  probation  by  change  of  residence 65 

(g)  Absence  of  organization 66 

(h)    Absence  of  State  oversight 69 

5.  SELECTION  OF  PROBATION  OFFICERS -. 72 

(a)    Volunteer  and  salaried  probation  officers 72 

b)    Selection  of  salaried  probation  officers. 74 

(c)    Competitive  examination  for  salaried  probation  officers.  ...  76 

6.  RECOMMENDATIONS 84 

Appendix  A.  Legislation  proposed  by  the  Probation  Commission 93 

Appendix  B.  Text  of   Statutes   of  all   the   States  in   the   Union   relating 

to    Probation 122 

Appendix  C.  References  to  Literature  on  Probation 289 


STATE  OF  NEW  YORK. 


No.  51. 


IN  ASSEMBLY, 


MARCH  12,  1906. 


.    STATE  OF  NEW  YORK: 

EXECUTIVE  CHAMBER, 

ALBANY,  March  12,  1906. 
To  the  Legislature: 

I  have  the  honor  to  transmit  herewith  the  report  of  the  Com- 
mission appointed  pursuant  to  the  provisions  of  chapter  714  of 
the  Laws  of  1905,  to  examine  into  the  operations  of  the  probation 

^system. 

(Signed) 

PRANK  W.  HIGGINS. 


REPORT 


I0o  EAST  TWENTY-SECOND  STREET, 

NEW  YORK  CITY,  March  12,  1906. 
Hon.  FRANK  WAYLAND  HIGGINS.  Governor: 

Sir. — The  undersigned,  appointed  by  TOU  as  a  Commission  to 

s 

examine  into  the  operations   of  the  probation   system,   beg  to 
submit  the  following  report : 

The  duties  of  this  Commission  are  defined  in  sections  2  and  5 
of  chapter  714  of  the  Laws  of  1905,  which  read  as  follows: 

§  2.  The  duties  of  said  commission  shall  be  to  make  careful 
inquiry  into  the  operation  of  the  probation  system  in  the  state 
of  New  York;  including  the  number  of  persons  appointed  as 
probation  officers,  the  method  of  their  selection;  their  compensa- 
tion, if  any ;  the  numbers  and  classes  of  persons  placed  under 
the  care  of  probation  or  parole  officers;  the  duties  performed  by 
such  probation  officers  in  relation  to  persons  placed  under  their 
supervision;  the  conduct  of  persons  placed  under  the  super- 
vision of  probation  or  parole  officers ;  and  any  other  matters  per- 
taining to  the  probation  system.  The  members  of  the  commission 
and  its  secretary,  counsel,  and  assistants,  when  so  directed  by 
the  commission,  shall  have  access  to  all  court  and  other  records 
relating  to  the  trial  of  persons  placed  on  probation  or  parole,  or 
who  might  have  been  placed  on  probation  or  parole,  or  relating 
to  the  work  of  probation  or  parole  officers,  or  the  conduct  of 
persons  who  have  been  placed  on  probation  or  parole.  The  said 
commission  may  also  collect  information  in  regard  to  the  opera- 
tions of  the  probation  system  in  other  states.  The  term  parole 
as  used  in  this  act  shall  not  be  held  to  include  the  release  of 
persons  who  have  been  committed  to  penal  or  reformatory  insti- 
tutions and  who  after  having  entered  such  institutions  are  con- 
ditionally released  therefrom. 

§  5.  Said  commission  shall  make  a  full  report  of  its  work  to 
the  governor  to  be  transmitted'  by  him  to  the  next  legislature  at 
its  opening  or  as  soon  thereafter  as  practicable.  Such  report 
shall  include  such  recommendations  as  the  commission  may  deem 
wise  to  perfect  the  probation  system  in  this  state,  and  the  com- 
mission shall  cease  to  exist  when  such  report  is  made. 


4  REPORT  OF  THE  PROBATION  COMMISSION. 

METHODS  OF  INVESTIGATION. 

The  Commission  held  its  first  meeting  in  New  York  city  on 
September  7,  1905,  and  organized  by  the  selection  of  Homer 
Folks  as  chairman.  Charles  E.  Rushmore,  Esq.,  of  the  firm  of 
Stern  &  Rushmore,  has  served  the  Commission  as  counsel  without 
compensation,  and  his  advice  and  assistance  have  been  of  great 
value.  Subsequently  Kingsbery.  Foster  was  elected  as  its  secre- 
tary. 

The  Commission  has  held  forty -one  meetings  in  New  York  city, 
three  in  Buffalo,  two  in  Rochester  and  three  in  Albany.  In  the 
course  of  these  meetings  it  has  examined  representatives  of  the 
board  of  city  magistrates  of  the  First  and  Second  divisions  in 
New  York  city,  namely :  Ex-president  of  the  board,  Hon.  Charles 
A.  Flammer ;  president,  Hon.  Charles  G.  F.  Wahle ;  Hon.  Charles 
S.  Whitman,  Hon.  Daniel  E.  Finn,  Hon.  Henry  H.  Furlong,  Hon. 
Joseph  Pool  and  Hon.  Peter  J.  Barlow.  Hon.  William  A.  Wyatt, 
Hon.  Joseph  M.  Deuel,  Hon.  Willard  H.  Olmsted,  Hon.  John  B. 
McKean,  and  Hon.  Robert  J.  Wilkin  of  the  Courts  of  Special 
Sessions,  and  Hon.  Warren  W.  Foster  of  the  Court  of  General 
Sessions  also  testified  before  the  Commission. 

It  has  also  examined  at  length  some  of  the  above-named  jus- 
tices of  Special  Sessions  who  have  also  presided  in  Children's 
Courts  in  Manhattan  and  Brooklyn,  and  a  number  of  probation 
officers  attached  thereto,  including  E.  Fellows  Jenkins,  superin- 
tendent of  the  New  York  Society  for  the  Prevention  of  Cruelty  to 
Children.  Hon.  Elbridge  T.  Gerry,  Ex-President  and  counsel  for 
the  New  York  Society  for  the  Prevention  of  Cruelty  to  Children 
also  testified. 

From  the  Municipal  Civil  Service  Commission  of  the  city  of 
New  York,  the  Commission  examined  Commissioner  Alfred  J. 
Talley  and  Chief  Examiner  F.  G.  Ireland.  Ex-Commissioner 


REPORT  OF  THE  PROBATION  COMMISSION.  5 

Nelson  S.  Spencer,  and  Mr.  Elliott  H.  Goodwin,  secretary  of  the 
Oivil  Service  Reform  Association  also  testified. 

In  the  course  of  its  examination  of  witnesses  outside  of  the 
State  of  New  York,  the  Commission  examined  Hon.  Julian  W. 
Mack,  judge  of  the  Children's  Court  of  Cook  county,  111.;  Henry 
W.  Thurston,  chief  probation  officer  of  Cook  county;  Miss  Julia 
C.  Lathrop  of  Chicago;  Mr.  Keefe,  chief  probation  officer  of 
Boston ;  Miss  Mary  Philbrook,  and  Mr.  Richard  Stephens,  pro- 
bation officers  of  Essex  and  Hudson  counties,  respectively;  New 
Jersey. 

In  Buffalo  the  Commission  examined  Hon.  Daniel  E.  Kenefick, 
justice  of  the  Supreme  Court  of  New  York;  Hon.  Edward  K. 
Emery,  judge  of  the  County  Court  of  Erie ;  Hon.  Thomas  Murphy, 
justice  of  the  Juvenile  Court  of  Buffalo;  Hon.  George  A.  Lewis, 
formerly  judge  of  the  Municipal  Court  of  Buffalo;  William  S. 
Bull,  superintendent  of  police,  together  with  many  probation 
officers  of  the  Juvenile  Court,  and  citizens  having  special  knowl- 
edge of  probation  work. 

In  Rochester  the  Commission  examined  Hon.  Arthur  G.  Suther- 
land, county  judge  of  Monroe  county ;  Hon.  John  D.  N.  Stephens, 
special  county  judge  of  Monroe  county;  Hon.  John  A.  Chadsey, 
judge  of  Police  and  Children's  Court;  Mr.  Alfred1  J.  Masters, 
probation  officer;  William  A.  Killup,  superintendent  of  the 
Rochester  Society  for  the  Prevention  of  Cruelty  to  Children;  and 
Franklin  H.  Briggs,  superintendent  of  the  State  Industrial 
School.  There  were  also  heard  in  Rochester,  Hon.  Frederick 
Thompson,  police  magistrate  of  Syracuse;  Fillmore  H.  Smith, 
secretary  of  the  Society  for  the  Prevention  of  Cruelty  to  Chil- 
dren of  Syracuse,  and  Arthur  W.  Towne,  secretary  of  the  bureau 
of  charities  of  that  city. 


6  REPORT  OF  THE  PROBATION  COMMISSION. 

In  Albany  the  Commission  heard  Hon.  J.  K.  O'Connor,  city 
judge  of  Utica;  Hon.  John  J.  Brady,  police  magistrate  of  Albany; 
Hon.  A.  T.  G.  Wemple,  police  justice  of  Schenectady;  Dr.  W.  O. 
Stillman,  president  of  the  Mohawk  and  Hudson  River  Humane 
Society;  Hon.  George  McLaughlin,  secretary  of  the  State  Prison 
Association ;  Charles  S.  Fowler,  chief  examiner  of  the  State  Civil 
Service  Commission;  the  secretary  of  the  State  Board  of  Char- 
ities, Hon.  Robert  W.  Hebberd,  and  the  probation  officers  for 
children  in  Albany,  Troy  and  Schenectady. 

In  all,  107  persons  have  •  appeared  before  the  Commission 
and  the  transcript  of  their  testimony  occupies  1,734  typewritten 
pages. 

The  Commission  has  also,  through  special  agents,  conducted 
investigations  in  regard  to  persons  placed  on  probation  in  the 
magistrates'  courts  of  New  York  city.  It  has  collected  and 
studied  the  statutes  of  all  the  states  in  the  Union  on  the 
subject  of  probation,  copies  of  which  are  appended  hereto.*  It 
has  examined  the  literature  on  the  subject,  and  submits  as  an 
appendix,**  references  to  the  more  important  articles  and  publica- 
tions. Members  of  the  Commission  have  sat  with  presiding 
justices  in  the  children's  courts,  the  magistrates'  courts,  the 
Court  of  Special  Sessions  and  the  Court  of  General  Sessions, 
and  have  had  special  facilities  for  becoming  informed  in  regard 
to  the  work  of  these  courts. 

Distinction  ~betwe.cn  probation  and  parole.  Much  confusion 
has  arisen  from  the  indiscriminate  use,  especially  in  the 
Court  of  Special  Sessions,  first  division,  and  in  the  Chil- 
dren's Court  in  Manhattan,  of  the  terms  "  probation " 
and  "  parole."  Each  of  these  terms  as  used  generally  in  the 
statutes  of  this  State  has  acquired  a  specific  meaning.  Proba- 

*  See  Appendix  B.    p.  123     **  See  Appendix  0.   p.  283 


REPORT  OP  THE  PROBATION  COMMISSION.  7 

tion  is  the  term  used  in  connection  with  the  release  of  an  offender 
under  a  suspended  sentence  and  without  imprisonment,  but 
under  the  oversight  of  a  probation  officer,  for  a  definite  period 
and  for  the  purpose  of  reclaiming  him  from  evil  courses.  Parole 
is  the  term  used  in  connection  with  conditional  release  from 
a  penal  or  reformatory  institution  after  a  period  of  incarcera- 
tion therein.  The  term  probation  has  no  appropriate  use  in 
connection  with  the  oversight  of  prisoners  from  penal  or  re- 
formatory institutions,  nor  is  the  term  parole  wisely  applied, 
in  our  opinion,  in  connection  with  the  release  of  offenders 
under  a  suspended  sentence  and  without  imprisonment.  Through- 
out this  report,  the  terms  "  probation  "  and  "  parole  "  are  used  in 
the  sense  above  indicated. 

Distinction  between  adult  and  juvenile  probation.  Very  early 
in  its  inquiries  the  Commission  decided  to  divide  its  inquiries 
into  two  lines,  one  relating  to  the  probation  system  as  applied 
to  persons  over  sixteen  years  of  age,  the  other  in  relation  to 
those  under  sixteen  years  of  age.  The  provisions  of  statutes 
dealing  with  offenders  over  sixteen  years  of  age,  are  very 
different  from  those  dealing  with  juvenile  offenders.  Separ- 
ate courts  have  been  established  in  the  larger  cities  of  the 
State  for  children's  cases.  If  committed  to  institutions,  those 
under  the  age  of  sixteen  are  sent  to  very  different  institutions 
from  those  over  sixteen.  Probation  work  with  juveniles  must 
necessarily  be  conducted  on  lines  quite  different  from  those  that 
would  be  advisable  in  dealing  with  adult  offenders. 

STATUTORY  HISTORY  OF  PROBATION  IN  THIS  STATE. 

GENERAL  LAWS. 

The  courts  of  record  in  this  State  have  always  possessed  an 
inherent  power  to  release  convicted  offenders  under  a  suspended 


8  REPORT  OF  THE  PROBATION  COMMISSION. 

sentence,  and  that  power  has  been  exercised  from  time  immemorial 
but  until  very  recently,  without  any  provision  for  oversight  or 
supervision  of  the  persons  so  released.  In  1893  this  power  was 
explicitly  recognized  by  statute. 

The  first  general  law  on  the  subject  of  probation  in  this  State 
was  enacted  in  the  year  1901. 

Chapter  372  of  the  Laws  of  1901,  introduced  at  the  instance  of 
the  New  York  Prison  Association,  amended  the  Code  of  Criminal 
Procedure  by  inserting  section  11-a  and  amending  several  other 
sections.  Section  11-a  provided  for  the  appointment  of  probation 
officers  by  courts  of  original  jurisdiction  of  criminal  actions  in 
all  cities  of  the  State,  and  outlined  very  briefly  the  duties  of 
probation  officers.  It  provided  that  probation  officers  might  be 
chosen  from  among  private  citizens,  male  or  female,  or  clerks  or 

assistants  of  the  court,  or  officers,  deputies,  assistants  or  clerks 

* 

in  a  district  attorney's  office,  or  police  officers  or  constables,  but 
that  probation  officers  should  not  receive  compensation  for  their 
services  as  such.  The  duties  of  the  probation  officer  were  to 
inquire  into  the  previous  history  of  any  defendant  when  so- 
directed  by  the  court;  to  make  such  reports  upon  persons  placed 
under  his  care  as  the  court  might  direct ;  to  furnish  to  each  person 
released  on  probation  under  his  care,  a  written  statement  of  the 
terms  and  conditions  of  his  probation,  and  to  report  to  the  court 
any  violation  of  such  terms  and  conditions.  The  bill  also 
amended  sections  483  and  487  of  the  same  code,  so  as  to  authorize 
the  placing  on  probation  of  persons  over  the  age  of  sixteen  years 
convicted  of  crime.  As  prepared  by  the  New  York  Prison  Asso- 
ciation, the  bill  was  applicable  to  both  children  and  adults,  but 
owing  to  the  active  opposition  of  the  New  York  Society  for  the 
Prevention  of  Cruelty  to  Children,  it  was  amended  in  the  legisla- 


REPORT  OF  THE  PROBATION  COMMISSION.  D 

ture  so  as  to  apply  only  to  persons  over  sixteen  years  of  age.  It 
was  claimed  by  the  Society  for  the  Prevention  of  Cruelty  to 
Children  \hat  existing  laws  made  adequate  provision  for  the  treat- 
ment of  delinquent  children.  The  bill  also  amended  sections  941, 
942,  943  and  946  of  the  same  code,  providing  for  reports  to  the 
Secretary  of  State  of  the  names  of  all  persons  as  to  whom 
sentence  was  suspended,  or  who  were  placed  on  probation,  and 
the  names  and  addresses  of  probation  officers  appointed  by  the 
courts. 

The  provisions  of  the  law  of  1901  were  amended  twice  in  1903, 
once  in  1904  and  once  in  1905.  The  principal  changes  introduced 
in  1903,  by  legislation  proposed  in  behalf  of  the  State  Board  of 
Charities  were  the  following: 

The  probation  law,  theretofore  applicable  only  to  cities,  was 
made  applicable  to  all  parts  of  the  State.  The  limitation  of  the 
application  of  the  law  to  persons  over  sixteen  years  of  age  was 
stricken  out,  making  the  law  applicable  to  children  as  well  as 
to  adults.  The  provision  that  clerks  or  assistants  of  the  court, 
or  officer,  deputies  or  assistants,  or  clerks  in  the  district  attorney's 
office  might  be  appointed  as  probation  officers,  was  stricken  out, 
and  in  its  place  it  was  provided  that  probation  officers  could  be 
chosen  from  among  the  officers  of  societies  for  the  prevention  of 
cruelty  to  children,  or  of  any  charitable  or  benevolent  institu- 
tions, society  or  association.  The  period  of  time  for  which  sen- 
tence could  be  suspended  was  limited  to  three  months,  with  the 
provision  that  it  might  be  extended  one  or  more  times,  not  to 
exceed  three  months  each,  and  not  to  exceed  one  year  in  alL 
Children  under  the  age  of  sixteen  years  were  to  be  placed  on 
probation  under  the  care  of  probation  officers  of  the  same  religi- 
ous faith  f»s  the  child's  parents,  when  practicable. 


10  REPORT  OF  THE  PROBATION  COMMISSION. 

The  amendment  of  1904  permitted  the  city  of  New  York  to  pay 
salaries  to  women  probation  officers  not  detailed  from  other 
branches  of  the  public  service. 

The  amendments  of  1905  provided  that  local  authorities  might 
determine  whether  probation  officers  should  receive  salaries,  and 
if  they  determined  that  salaries  should  be  paid,  should  fix  the 
amount  and  provide  for  the  payment.  They  also  struck  out  the 
provision  that  suspension  of  sentence  should  be  for  periods  not 
exceeding  three  months  each,  and  not  exceeding  a  year  in  all, 
leaving  the  duration  of  probation  subject  to  the  provision  of  the 
Penal  Code,  i.  e.,  not  longer  than  the  longest  period  for  which 
a  defendant  might  have  been  sentenced.  In  1905  certain  amend- 
ments were  added  to  the  Penal  Code,  authorizing  suspension  of 
sentence  for  the  longest  period  for  which  the  defendant  might 
have  been  sentenced;  in  case  of  children,  however,  not  to  exceed 
one  year:  and  also  providing  that  except  in  the  city  of  New  York, 
children  brought  before  magistrates,  under  the  provisions  of 
section  291  of  the  Penal  Code,  might  be  placed  on  probation. 
This  section  deals  largely  with  the  neglect  of  children,  improper 
guardianship,  etc. 

LOCAL  LAWS. 

In  1901  two  additional  sections  were  added  to  the  charter  of 
the  city  of  Buffalo,  providing  that  police  justices  might  appoint 
not  more  than  five  discreet  persons  to  serve  as  probation  officers 
without  compensation;  that  such  officers  should  investigate  the 
circumstances  of  children  under  the  age  of  sixteen  years  when 
arrested,  if  so  required  by  the  court;  that  they  should  be  present 
in  court  to  represent  the  interests  of  the  child;  and  should  take 
charge  of  any  child  before  or  after  trial,  as  directed  by  the  court. 
It  was  also  provided  that  sentence  might  be  suspended  and  the 


REPORT  OF  THE  PROBATION  COMMISSION.  11 

child  placed  in  the  care  of  a  probation  officer  for  a  period  not  to 
exceed  three  months,  and  on  such  conditions  as  might  seem 
proper.  When  practicable,  the  children  were  to  be  placed  with 
probation  officers  of  the  same  religious  faith  as  the  child's  parents. 

Section  707  of  the  charter  of  the  city  of  New  York  as  revised 
in  1901,  authorized  the  placing  upon  probation  of  persons  con- 
victed of  public  intoxication  or  disorderly  conduct,  for  a  period 
not  exceeding  six  months,  and  also  authorized  the  Court  of 
Special  Sessions  and  the  board  of  city  magistrates  in  each  division 
of  the  city,  to  appoint  probation  officers,  assign  them  to  the  vari- 
ous courts,  and  define  the  duties  of  such  probation  officers. 

The  reference  to  the  Court  of  Special  Sessions  in  this  section 
was  omitted  in  a  revision  of  this  section  in  1905  as  unnecessary. 

Neither  the  original  law  providing  for  a  children's  court  in  the 
city  of  New  York,  enacted  in  1901,  nor  the  later  statute  enacted 
in  1902,  under  which  the  children's  court  was  actually  organized, 
contain  any  reference  to  the  subject  of  probation.  The  law  under 
which  the  juvenile  court  of  Brooklyn  was  organized,  chapter  159, 
Laws  of  1903,  provided  that  the  presiding  justice  of  the  children's 
court  should  have  authority  to  appoint  "  not  more  than  three  dis- 
creet persons  of  good  character  to  serve  as  probation  officers 
during  the  pleasure  of  the  court."  It  further  provided  that  the 
duties  of  ibese  probation  officers  shall  be  "to  make  such  investi- 
gation as  may  be  required  by  the  court;  to  be  present  in  court  in 
order  to  represent  the  interests  of  the  child  when  the  case  is 
heard ;  to  furnish  to  the  court  such  information  and  assistance 
as  he  may  require,  and  to  take  charge  of  any  child  before  and 
after  trial,  as  may  be  directed  by  the  court." 

The  law  providing  for  the  establishment  of  a  juvenile  court  in 
Rochester,  chapter  543,  Laws  of  1905,  provides  that  the  commis- 
sioner of  public  safety  may  appoint  such  number  of  probation 


12  KEPORT  OF  THE  PROBATION  COMMISSION. 

officers,  at  a  salary  fixed  by  the  board  of  estimate  and  apportion- 
ment, as  the  said  board  may  prescribe,  one  or  more  of  whom,  if 
so  determined  by  the  said  board,  may  be  women.  The  police 
justice  may  also  appoint  additional  probation  officers  to  serve 
without  compensation. 

STATUTES  RELATING  TO  INDIVIDUALS. 

Several  statutes  have  been  passed  for  the  purpose  of  author- 
izing the  payment  of  salaries  to  individual  probation  officers 
appointed  by  the  Court  of  Special  Sessions  in  Manhattan ;  and 
also  for  such  appointment  by  the  member  of  the  board  of  city 
magistrates  who  did  not  desire  the  detail  of  a  police  officer  for 
this  purpose.  Each  of  these  statutes  named  the  individual  whose 
appointment  was  authorized,  and  became  practically  obsolete 
upon  the  separation  of  that  individual  from  the  service. 

THE  PRESENT  CONDITIONS  OF  PROBATION  WORK   IN 

NEW  YORK. 

While  chapter  372,  Laws  of  1901,  has  provided  that  justices  of 
courts  having  original  jurisdiction  of  criminal  actions  "  shall  " 
appoint  probation  officers,  it  has  been  carried  into  effect  in  but 
few  of  the  courts. 

As  all  of  this  work  is  of  recent  establishment  and  is  compara- 
tively little  known,  it  seems  best  to  state  somewhat  fully  the 
existing  practices  in  different  parts  of  the  State  before  consider- 
ing their  merits  and  deficiencies.  The  present  administration  of 
probation  work  in  the  different  parts  of  this  State  may  be  sum- 
marized as  follows: 

(a)   Probation  for  Adults. 

In  the  magistrates'  courts,  boroughs  of  Manhattan  and  the 
Bronx,  two  probation  officers  have  been  provided  in  each  courtr 


REPORT  OF  THE  PROBATION  COMMISSION.  13 

a  police  officer  for  male  offenders,  and  a  female  probation  officer 
for  women.  The  police  probation  officers  are  regular  members 
of  the  police  force  of  the  city  of  New  York,  usually  patrolmen, 
detailed  to  do  probation  work  by  the  commissioner  of  police, 
at  the  request  of  the  board  of  city  magistrates.  The  police  offi- 
cer is  the  personal  choice  of  a  magistrate  and  accompanies  him 
as  the  magistrate  serves  in  succession  in  the  different  courts. 
Ordinarily  the  term  of  service  at  a  given  court  is  two  weeks. 
During  his  term  of  service  the  magistrate  sits  each  day  in  the 
week,  including  Sunday.  As  a  rule  the  magistrate  is  relieved 
from  court  attendance  for  a  period  of  from  ten  to  fifteen  days 
each  month.  During  this  time  the  police  probation  officer  does 
not  attend  court,  but  is  expected  to  visit  persons  under  his  pro- 
bationary care,  or  to  perform  such  other  probation  work  as  may 
be  assigned  to  him  by  the  magistrate.  As  the  magistrate  serves 
in  turn  in  the  eight  different  magistrates  courts  in  the  boroughs 
of  Manhattan  and  the  Bronx,  and  as  the  police  probation  offi- 
cer follows  his  magistrate,  he  has  or  may  have,  in  course  of  time, 
probationers  under  his  care  from  all  parts  of  the  city. 

One  magistrate,  Hon.  Joseph  Pool,  has  declined  to  apply  for 
the  detail  of  a  police  officer  and  has  a  civilian  performing  such 
service. 

The  magistrates,  fourteen  in  number  (one  has  been  incapaci- 
tated for  some  time),  differ  greatly  as  to  the  number  of  persons 
placed  by  them  on  probation,  as  to  the  class  of  offenders  selected 
for  probationary  oversight,  and  as  to  the  length  of  the  proba- 
tionary term. 

Female  probation  officers  in  the  magistrates'  courts  in  the 
boroughs  of  Manhattan  and  the  Bronx  were  originally  selected 
<by  the  individual  magistrates,  and  were,  as  a  rule,  persons  pre- 


14  REPORT  OF  THE  PROBATION  COMMISSION. 

viously  selected  by  charitable  or  religious  societies  for  mission- 
ary work  in  the  police  courts.  In  1904  a  law  was  enacted  (chap- 
ter 508,  Laws  of  1904)  permitting  the  payment  of  salaries  to 
female  probation  officers  in  the  city  of  New  York.  These  officers 
were  thereupon  appointed  formally  by  the  board  of  city  magis- 
trates, but  as  the  .position  had  not  been  classified  in  the  exempt 
class  and  as  no  competitive  examination  had  been  held,  no  sal- 
aries could  be  paid  under  such  appointments.  .  The  female  pro- 
bation officer  is  not  assigned  to  a  particular  magistrate,  but  to 
a  particular  court,  and  serves  that  court  irrespective  of  the 
rotation  of  the  magistrates. 

No  rules  were  adopted  by  the  board  of  city  magistrates  de- 
fining the  duties  of  the  probation  officers  until  January,  1906, 
to  take  effect  on  February  1st,  and  their  methods  of  work  have 
varied  greatly.  There  has  been  the  widest  possible  variety  of 
practice  as  to  the  frequency  with  which  the  probation  officer 
reports  individual  cases  to  the  magistrate,  the  frequency  with 

which  the  offender  on   probation  is  required  to  report  to   the 

• 
probation  officer,  the  place  at  which  such  reports  are  required  to 

be  made,  the  record  kept  by  the  probation  officer,  and,  in  fact, 
in  regard  to  all  features  of  the  work. 

The  rules  which  took  effect  on  February  1,  1906,  provide  that 
a  central  system  for  the  identification  and  record  of  probationers 
and  offenders  be  established;  that  all  of  the  probation  offi- 
cers shall  meet  on  the  first  Monday  of  each  month;  that  all  fe- 
male probationers  shall  report  on  the  first  Friday  evening  after 
they  are  placed  on  probation,  and  all  male  offenders  on  the  first 
Monday  evening  following  the  date  on  which  they  are  placed  on 
probation,  and  shall  report  thereafter  as  the  magistrate  may 
direct;  that  a  standing  committee  of  the  board  of  magistrates 


KEPORT  OF  THE  PROBATION  COMMISSION. 


15 


of  three  members  shall  be  appointed  to  see  that  the  rules  are 
enforced;  and  that  a  duplicate  of  the  card  system  shall  be  installed 
in  five  other  courts. 

The  duties  of  the  female  probation  officers,  as  stated  by  one 
of  these  officers  to  the  Commission,  may  be  summarized  as 
follows : 

The  duties  of  a  woman  probation  officer  are  to  report  at  the 
court  every  morning  at  nine  o'clock,  to  visit  the  prison,  making 
inquiry  as  to  the  number  of  women  held  over  night,  and  ques- 
tioning them  relative  to  their  past  history  and  the  cause  of  their 
present  arrest;  and  to  report  the  facts  to  the  magistrate  at  the 
opening  of  the  court  or  as  the  individual  cases  come  up. 

The  actual  supervision  over  the  conduct  of  the  probationer  *s 
begun  as  soon  as  she  is  placed  under  the  care  of  the  probation 
officer.  She  is  told  to  report  either  at  the  court  or  at  the  home 
of  the  probation  officer  once  a  week.  It  is  also  the  duty  of  the 
probation  officer  to  visit  the  home  of  the  probationer,  to  find 
out  the  conditions  of  her  home  surroundings,  and  if  necessary 
for  the  betterment  of  the  condition  of  the  charge,  to  change  those 
surroundings,  either  by  changing  the  employment  or  by  changing 
the  home  of  the  girl  to  a  better  locality. 

The  probation  officer  should,  from  time  to  time,  report  to  the 
magistrate  the  conditions  of  each  case,  and  make  a  full  report 
in  writing  every  quarter. 

The  latest  available  statistics  of  the  work  of  the  female  proba- 
tion officers  of  the  boroughs  of  Manhattan  and  the  Bronx,  includ- 
ing the  work  from  May  1  to  October  1,  1905,  are  as  follows : 


Total 

Suspen- 

Probation- 

Pending 

Visits  of 

COURT. 

under 

sion  of 

Absconded. 

ary  term 

on  Oct. 

investi- 

oversight. 

sentence 

completed 

1,  1905. 

gation. 

revoked. 

First  

47 

4 

1 

27 

15 

228 

Second  

39 

2 

2 

9 

26 

187 

Third       

36 

4 

2 

9 

21 

Fourth                 

Fifth 

41 

23 

18 

Sixth  

34 

12 

22 

Seventh 

38 

1 

7 

31 

95 

Eighth  



16  REPORT  OP  THE  PROBATION  COMMISSION. 

As  to  the  magistrates'  courts  in  the  boroughs  of  Brooklyn, 
Queens  and  Richmond,  the  conditions  are  similar  to  those  In 
the  boroughs  of  Manhattan  and  the  Bronx,  so  far  as  the  treat- 
ment of  female  offenders  is  concerned.  There  is  a  woman  pro- 
bation officer  in  each  of  such  magistrates'  courts,  appointed  at 
dates  ranging  from  1901  to  1904,  but  all  formally  appointed  in 
1904,  after  the  passage  of  the  law  permitting  the  payment  of 
salaries.  No  salaries  were  actually  paid,  however,  on  account 
of  the  civil  service  requirements,  until  1906.  These  officers,  unlike 
those  in  Manhattan,  were  not  selected  by  charitable  or  religious 
bodies,  but  were  the  individual  choice  of  the  magistrates.  There 
are,  however,  no  police  or  other  male  probation  officers  in  the 
boroughs  of  Brooklyn,  Queens  and  Richmond.  The  same  diver- 
sity of  practice  exists  as  to  the  length  of  the  probation- 
ary period,  the  duties  of  the  probation  officers,  and  the  records 
to  be  kept  by  them,  as  in  Manhattan.  One  magistrate  testifies 
that  he  placed  persons  on  probation  for  periods  ranging  from 
five  or  six  days  to  twenty  days  or  a  month. 

In  all  boroughs  of  the  city  most  of  the  probation  officers  have 
comparatively  few  offenders  actually  placed  under  their  super- 
vision. They  are,  however,  called  upon  to  do  a  substantial 
amount  of  work  which  while  not,  strictly  speaking,  probation 
work  is  no  doubt  very  useful.  They  are  required  to  make 
many  investigations  for  the  magistrates  of  cases  which  may  or 
may  not  be  possible  subjects  for  probation.  They  are  also  asked 
to  "  take  an  interest  in  "  many  prisoners  who  are  discharged, 
but  not  under  probation,  when  the  facts  before  the  court  sug- 
gest that  a  friendly  interest  would  be  helpful.  The  women  pro- 
bation officers  also  do  considerable  work  in  looking  after  women 
".r  women  and  children,  who  may  be  present  in  court  either  as 


KEPORT  OF  THE  PROBATION  COMMISSION.  17 

defendants  or  as  complainants,  and  who  may  be  assisted  by  the 
probation  officer  in  bringing  their  needs  properly  to  the  atten- 
tion of  the  court  officials  or  the  magistrate.  Offenders  actually 
convicted  are  also  released  under  their  probationary  supervision. 
This,  however,  is  a  comparatively  small  number  and  this  alone 
would  occupy  but  a  small  portion  of  the  time  of  most  of  the 
probation  officers. 

In  the  Court  of  Special  Sessions  in  the  boroughs  of  Manhattan 
and  the  Bronx  there  are  two  probation  officers  regularly  ap- 
pointed— a  male  probation  officer  for  male  offenders,  and  a 
female  probation  officer  for  the  women.  The  salary  of  the  male 
probation  officer  has  been  provided  for  some  time  by  the  Chil- 
dren's Aid  Society.  The  woman  probation  officer  receives  a 
salary  from  the  city  under  a  special  statute.  In  placing  on  pro- 
bation, the  court  proceeds,  not  under  the  special  statutory 
authority  of  the  probation  law,  but  under  the  inherent  powers 
of  the  court.  Besides  the  probation  officers  above  referred  to,  there 
are  from  two  to  four  police  probation  officers,  some  of  whom  for- 
merly were  detailed  to  city  magistrates  and  when  the  magistrates 

were  promoted  to  the  Court  of  Special  Sessions,  accompanied  them 

/ 
as  probation  officers  to  that  court.     Their  duties,  however,  are 

confined  to  the  investigation  of  the  previous  records  of  offenders 
when  so  requested  by  the  chief  probation  officer,  and  they  do  not 
take  any  part  in  the  supervision  of  offenders  who  have  been 
placed  on  probation. 

If  the  report  of  the  probation  officer  as  to  the  previous 
record  of  a  convicted  offender  is  unfavorable,  he  may  be  com- 
mitted to  a  penal  institution  forthwith.  If  the  report  indicates 
to  the  court  that  the  prisoner  may  properly  be  released  under 

suspended  sentence,  and  under  the  oversight  of  a  probation  offi- 
2 


18  REPORT  OF  THE  PROBATION  COMMISSION. 

cer,  he  is  released,  as  it  is  termed,  "  on  parole."  If  the  report 
is  of  such  a  character  that  the  court  considers  probationary 
oversight  unnecessary,  sentence  is  suspended  without  any  pro- 
bationary oversight. 

.When  the  offender  is  released  "on  parole,"  it  is  for  a  period 
of  one  month.  During  this  month,  the  probation  officer  is 
expected  to  become  fully  acquainted  with  the  home  surround- 
ings, occupation  and  habits  of  the  prisoner.  The  offender  is 
required  to  report  once  a  week,  or  occasionally  less  frequently, 
to  the  probation  officer. 

If  the  probationer  violates  the  terms  of  his  release,  or  com- 
mits a  new  offense,  or  refuses  to  report,  these  facts  are  reported 
to  the  judge,  and  a  warrant  is  issued  for  his  arrest. 

If  the  probationer's  conduct  is  favorable,  a  report  is  made 
to  the  judge  at  the  end  of  the  month.  The  court  then  either 
continues  the  period  of  "  parole  "  for  another  month,  or  releases 
the  offender,  as  it  is  then  termed,  "  on  probation,"  for  a  period 
of  one  year,  or  suspends  sentence  indefinitely. 

If  again  placed  "  on  parole,"  a  report  is  made  at  the  end  of 
the  second  month,  and  so  on  until  the  offender  is  either  com- 
mitted, placed  "  on  probation,7'  or  under  an  indefinitely  suspended 
sentence  without  oversight.  As  a  matter  of  fact,  in  a  majority 
of  cases  of  "  parole,"  the  offender  is  placed  under  an  indefinite  sus- 
pension of  sentence  at  the  end  of  one,  two,  or  three  months. 

If,  however,  he  is  placed  on  "  probation,"  he  is  then  under 
the  oversight  of  the  probation  officer  for  a  period  of  one  year. 
During  this  period  of  "  probation,"  about  the  same  degree  of 
oversight  is  exercised  by  the  probation  officer  as  during  the 
period  of  u  parole,"  except  that  probationers  are  required  to 


REPORT  OF  THE  PROBATION  COMMISSION.  19 

report  in  person  less  frequently,  usually  at  periods  ranging  from 
two  weeks  to  a  month. 

At  the  end  of  a  year  of  "  probation  "  the  prisoner's  conduct 
is  reported  by  the  probation  officer  to  the  court,  and  if  it  has 
been  satisfactory,  sentence  is  then  suspended  indefinitely,  and 
probationary  oversight  ceases. 

Thus  there  may  be  three  stages  in  the  treatment  of  the  offender 
released  under  suspended  sentence  in  this  court: 

First :  the  period  of  "  parole,"  during  which  a  report  is  made 
by  the  probation  officer  at  the  end  of  each  month,  the  offender 
being  required  to  report  to  the  probation  officer  once  every 
week  or  ten  days. 

Second ;  the  period  of  "  probation,'7  during  which  the  offender 
reports  to  the  probation  officer  less  frequently,  and  the  proba- 
tion officer,  unless  the  probationer  does  badly,  reports  to  the 
court  only  at  the  end  of  the  year. 

Third;  the  period  of  indefinite  suspension  of  sentence,  under 
which  there  is  no  probationary  oversight. 

If,  in  the  judgment  of  the  court,  the  circumstances  justify 
it,  the  second  stage,  or  both  the  first  and  the  second  stages,  are 
omitted. 

The  statistics  of  offenders  over  16  years  of  age  either  placed  on 
probation,  or  investigated  with  a  view  to  the  possibility  of  pro- 
bation, during  the  year  1905,  are  as  follows,  as  submitted  by  the 
chief  probation  officer: 


20 


REPORT  OP  THE  PROBATION  COMMISSION. 


§ 

01 

9 

c 
.2 

Jjj 

§§ 

73 

*s 

*3 

3  . 

3?. 

"Sts 

uspende 
report. 

1 

§« 

£2 

1| 

to  instit 
t  report 

is 

.So 

|"S 

.     v! 

3  c3 

«  a 

11 

"C'£ 

73  | 

o> 

<rf 

'I 

jT 

8 

! 

1§ 

s 

.tJ.o 

'§!§ 

I 

I 

1 

— 

00 

i 

*• 

65 

Q 

a 
O 

0 

1 

49 

87 

32 

208 

,  J 

5 

$ 

38 

59 

497 

Larceny  from  employer     

19 

41 

25 

46 

1 

4 

28 

18 

182 

Assault                              .    .    . 

6 

10 

12 

2 

1 

31 

3 

. 

10 



o 

1 

'  '  . 

17 

3 

1 

9 

2 

2 

1 

18 

7 

2 

1 

10 

Indecent  exposure  

3 

2 

.  .  *  . 

j 

6 

Impairing  the  morals  of  a  child 

1 

1 

2 

1 

1 

1 

1 

2 

False  fire  alarm           

1 

1 

1 

1 
1 

Sending  a  threatening  letter.  . 

1 

1 
1 

1 

2 

Keeping  a-  disorderly  house..  .  . 

1 

Total             ... 

772 

89 

144 

57 

294 

12 

5 

19 

71 

81    ; 

In  the  Court  of  General  Sessions,  boroughs  of  Manhattan  and 
the  Bronx,  the  general  agent  of  the  New  York  Prison  Associa- 
tion acts  as  a  probation  officer  for  such  of  the  judges  as  use  the 
probation  system.  There  are  no  police  probation  officers  in  this 
court,  and  no  probation  officers  receiving  salaries  from  public 
.funds.  The  judges  of  the  court  vary  greatly  as  to  the  extent  to 
which  they  use  probation.  Judge  Foster  appears  to  have  made 
much  greater  use  of  the  system  than  his  colleagues.  The  general 
agent  of  the  Prison  Association  visits  the  Tombs  prison  from 
time  to  time  and  investigates  such  cases  as  seem  to  him  likely 
to  be  proper  subjects  for  release  on  probation.  From  a  third 
to  a  fifth  of  the  cases  investigated  are  so  released,  the  proba- 
tionary period  being  from  three  to  six  months.  During  this 
term  probationers  are  expected  to  report  once  a  week  at  the 
office  of  the  New  York  Prison  Association.  The  frequency  of 
these  reports  is  left  to  the  discretion  of  the  probation  officer. 

In  the  County  Court  of  Kings  county  in  Brooklyn,  and  also 
in  the  Court  of  Special  Sessions  in  Brooklyn,  there  has  been 


REPORT  OF  THE  PROBATION  COMMISSION.     %  21 

considerable  use,  both  before  and  since  the  enactment  of  the 
Probation  Law  of  1901,  of  suspended  sentence,  and,  in  effect,  of 
the  probation  system.  A  county  official,  under  the  title  of  county 
detective,  has,  in  effect,  been  assigned  to  probation  work  for  the 
past  nine  years. 

During  these  nine  years,  ending  December  31,  1904,  1,184  cases 
were  released  on  suspended  sentence  under  his  care.  He  visits 
them  at  least  once  a  month  in  their  homes  for  a  period  of  six 
months,  and  thereafter  less  frequently.  He  does  not  consider 
that  having  the  prisoners  call  upon  him  is  of  any  value.  He 
helps  the  prisoners  find  employment,  secures  clothing  for  them, 
and  advises  and  counsels  them.  They  are  considered  to  be 
formally  under  his  oversight  for  the  maximum  term  for  which 
they  might  have  been  committed,  but  he  aims  to  maintain 
friendly  relations  indefinitely.  A  year  is  the  minimum  period  at 
which  he  thinks  it  possible  to  form  judgment  of  the  results  of 
probation,  and  he  does  not  consider  it  safe  to  form  a  final  judg- 
ment within  three  or  four  years. 

Of  the  1,184  prisoners  placed  under  his  care  during  these  nine 
years,  191  were  rearrested  and  sentenced.  In  107  cases,  what 
are  termed  "  extraordinary  results  "  were  secured,  meaning  by 
extraordinary  results,  that  the  probationers  had  done  exceed- 
ingly well  in  every  particular  for  a  period  of  several  years. 
"  Satisfactory  results"  have  been  secured  in  532  cases;  i.  e.,  the 
offenders  have  not  been  rearrested  and  have  done  "  as  well  as 
they  could."  On  December  31,  1904,  354  persons  remained  under 
observation,  of  whom  21  have  subsequently  been  rearrested  and 
sentenced. 

In  the  County  Court  in  Rochester,  presided  over  by  Hon.  Arthur 
E.  Sutherland,  the  probation  system  has  been  developed  to  a 


22  REPORT  OF  THE  PROBATION  COMMISSION. 

considerable  degree.  Mr.  Alfred  J.  Masters,  whose  title  is  parole 
officer  of  the  County  Court,  but  who  receives  a  salary  as  a  court 
attendant,  has  in  effect  been  a  county  probation  officer.  From 
May  16,  1901,  to  August,  1905,  143  persons  were  released  under 
his  probationary  oversight.  These  persons  were  accounted  for 
on  August  19,  1905,  as  follows : 

Still  under  observation  and  doing  well 60 

Died 2 

Left  the  city 25 

No  recent  record • 19 

Rearrested  and  committed.  .  37 


More  recently  a  member  of  this  Commission,  Mrs.  W.  W.  Arm- 
strong, has  acted  as  a  volunteer  probation  officer  for  a  consider- 
able number  of  female  offenders. 

In  Broome  county  probation  work  has  received  considerable 
attention,  primarily  through  the  efforts  of  Mr.  H.  Clay  Preston, 
then  superintendent  of  the  Broome  County  Society  for  the  Pre- 
vention of  Cruelty  to  Children,  and  now  superintendent  of  the 
similar  society  in  Brooklyn.  Since  January  1,  1902,  47  persons 
have  been  placed  on  probation.  The  court  does  not  limit  the 
period  of  probation  except  in  rare  instances,  contemplating  con- 
tinued oversight  until  the  end  of  the  maximum  term  for  which 
the  defendant  might  have  been  imprisoned.  The  superintendent 
of  the  Broome  County  Society  for  the  Prevention  of  Cruelty  to 
Children  acts  as  a  probation  officer  for  adults  as  well  as  for 
juvenile  offenders.  Probationers  are  required  to  report  every 
three  months.  Of  47  cases  placed  on  probation,  in  only  two 
cases  has  the  suspension  been  revoked  and  the  offenders  com- 
mitted. 


REPORT  OF  THE  PROBATION  COMMISSION.  23 

So  far  as  this  Commission  has  been  able  to  ascertain,  no  con- 
siderable amount  of  probation  work  for  adults  has  been  carried 
on,  other  than  as  above  described,  although  the  counties  of  St. 
Lawrence,  Wayne,  Oswego  and  Westchester  have  appointed  pro- 
bation officers.  Sheriff  Caldwell,  of  St.  Lawrence  county,  volun- 
tarily accepted  the  appointment  of  probation  officer,  and  his  devo- 
tion to  this  work  and  personal  interest  in  the  cases  submitted  to 
him  have  produced  excellent  results.  In  Wayne  county  a  deputy 
sheriff  is  the  probation  officer.  In  Oswego  county  a  private  citizen 
is  the  probation  officer.  In  Westchester  county  a  number  of  volun- 
teers have  been  appointed,  as  well  as  the  sheriff  of  the  county; 
and  the  chiefs  of  police  of  Yonkers,  Port  Chester  and  Tarrytown. 

The  cities  of  Rensselaer,  Ogdensburg,  Hornellsville,  Hudson, 
Newburgh,  Middletown,  Poughkeepsie,  Mount  Vernon,  Cohoes 
and  Geneva  have  also  appointed  probation  officers.  The  ap- 
pointees, as  a  rule,  are  chiefs  of  police.  In  most  cases  they 
ure  appointed  both  for  adults  and  for  children.  Many  of  these 
appointments  have  been  made  very  recently. 

The  reports  required,  under  the  provisions  of  the  probation 
law  of  1901,  to  be  made  to  the  Secretary  of  State,  are  incom- 
plete. They  indicate,  however,  that  the  practice  of  releasing 
under  suspended  sentence  obtains,  to  a  considerable  extent,  in 
all  parts  of  the  State.  The  figures  for  the  year  1904  indicate 
that  860  persons  were  released  under  suspended  sentence  in 
courts  of  record  alone.  These  figures  would  be  vastly  increased 
if  the  returns  included  reports  from  the  lower  courts. 

There  are  no  doubt  individual  instances  in  which  the  court 
requests  some  person  of  discretion  to  a  take  an  interest  in " 
an  offender  released  under  suspended  sentence,  but,  as  a  rule, 
they  are  without  subsequent  oversight,  and  the  court  is  without 


24  REPORT  OF  THE  PROBATION  COMMISSION. 

information  as  to  their  subsequent  conduct  except  such  as  may 
be  gained  accidentally  or  by  reason  of  the  reappearance  in  court 
of  the  offender.  It  is  believed  that  the  number  of  persons  re- 
leased under  suspended  sentence  would  be  considerably  greater 
if  the  services  of  probation  officers  were  at  the  disposal  of  all 
the  courts. 

(b)  Probation  for  Children. 

In  the  boroughs  of  Manhattan  and  the  Bronx  practically  all 
children's  cases  are  heard  in  the  Children's  Court,  established 
in  1902,  as  a  part  of  the  Court  of  Special  Sessions,  and  presided 
over  by  a  justice  of  that  court.  The  court  is  held  in  the  build- 
ing at  the  corner  of  Third  avenue  and  Eleventh  street,  apart  from 
all  other  courts.  In  the  same  building  is  the  Bureau  of  De- 
pendent Children,  maintained  by  the  Department  of  Public 
Charities,  which  passes  upon  the  applications  for  the  admission 
of  destitute  children  to  institutions  as  public  charges.  The  Court 
of  Special  Sessions  consists  of  six  justices,  the  children's  part 
being  presided  over  by  one  or  the  other  of  these  justices,  not 
necessarily  in  rotation  but  as  assigned  by  the  board  of  justices. 
The  justice  whose  experience  in  the  Children's  Court  antedates 
that  of  the  other  members  of  the  court,  Justice  Olmsted,  states 
that  there  is  no  "  probation  "  work  in  the  Children's  Court,  i.  e., 
no  placing  on  probation,  under  the  provisions  of  the  law  of  1901, 
as  amended.  Many  children  are,  however,  released  "  on  parole  " 
and  under  oversight.  The  secretary  and  superintendent  of  the 
New  York  Society  for  the  Prevention  of  Cruelty  to  Children, 
Mr.  E.  Fellows  Jenkins,  has  been  appointed  chief  proba- 
tion officer.  He  is  assisted  by  the  salaried  agents  of  that  so- 
ciety, and  also  by  a  number  of  volunteers.  A  group  of  Catholic 


REPORT  OF  THE  PROBATION  COMMISSION.  -•"> 

ladies,  who  attend  the  Children's  Court  in  succession,  assist  as 
volunteer  aids  in  the  case  of  Catholic  children.  Mrs.  Sophia 
Axeman  (who  is  also  a  probation  officer  for  adult  offenders, 
in  the  Court  of  Special  Sessions),  with  one  or  two  volunteer  aids, 
assists  in  the  case  of  Jewish  children.  As  to  the  Protestant 
children,  the  numbers  are  few  and  there  appears  to  be  no  organ- 
ized volunteer  aid,  though  an  Episcopal  clergyman  stands  ready 
to  assist  if  called  upon. 

According  to  the  testimony  of  Justice  Olmsted,  when  the 
child  is  released  on  parole  he  is  under  no  probationary  or  other 
oversight.  His  testimony  on  this  point  reads  as  follows: 

A.  I  think  I  stated  it  very  briefly  when  I  stated  we  had  no  pro- 
bation officer  and  only  this  parole  system  which  we  have 
described. 

Q.  How  many  parole  officers  have  you  appointed?     A.  None. 

Q.  None?  A.  No,  I  would  not;  it  requires  six  justices  to  act. 
The  Society  for  the  Prevention  of  Cruelty  to  Children  acts  in 
the  matter  of  investigation  and  reporting. 

Q.  That  is  preceding  the  decision  as  to  whether  you  will  com- 
mit, or  is  it  subsequent  to  that?  A.  Both  before  and  after. 

Q.  If  a  child  is  convicted  of  some  minor  offense  and  is  released 
on  parole  for  a  period  of  one  month  under  whose  surveillance 
is  he  during  that  month  ?  A.  Nobody's ;  that  is  one  of  the  things 
I  think  is  necessary.  You  do  not  want  anybody  holding  up  that 
child;  otherwise,  when  that  uplifting  influence  is  gone,  down  goes 
the  child.  I  believe  the  reforming  process  must  be  in  the  child 
itself.  If  you  are  to  save  a  child,  you  must  teach  that  child 
to  do  something  for  itself.  If  you  have  somebody  with  the  child 
all  the  time,  the  child  is  afraid  to  do  wrong  owing  to  the  deter- 
rent influence.  When  that  influence  is  taken  away,  they  are 
likely  to  go  wrong,  but  if  you  rely  on  the  chijd  it  will  bring  out 

elements  of  character  to  hold  it  up. 

***********- 

"  Q.  Then  it  is  the  society  that  exercises  this  oversight  during 
the  months  of  parole?  A.  They  do  not  exercise  any  oversight. 
They  get  the  report,  perhaps  a  week  before  the  time  is  up. 


2f>  REPORT  OF  THE  PROBATION  COMMISSION. 

Q.  Then  I  should  say  instead  of  exercising  oversight,  secures 

information?    A.  Yes,  sir. 

\ 

Q.  Is  it  the  society  as  an  organization  or  by  an  individual? 
A.  The  society  as  an  organization. 

Q.  That  society  reports  on  each  case  at  the  end  of  the  parole 
period?     A.  Yes,  sir;    sometimes,  as  it  will  happen,  he  comes 
in  before  the  period  ends,  and  then  the  society  reports  sooner. 
*##***#***» 

Q.  Now,  then,  in  regard  to  the  "child  under  parole ;  what  takes 
place  is  that  at  the  end  of  the  time  the  society  makes  to  you  a 
report  based  on  the  visits  of  one  of  its  agents  to  the  home  and  to 
the  neighborhood?  A.  Yes,  sir;  and  if  the  child  is  working,  to 
the  place  of  the  employer  of  the  child. 

Q.  And  that  is,  as  you  understand  it,  simply  a  visit  to  obtain 
information  as  to  the  conduct  of  that  child  during  the  period 
of  parole?     A.  Yes,  sir. 
«  #          *          ###*#*** 

Q.  You  get  a  report  which  is  made  from  the  information  se- 
cured at  the  end  of  the  period  concerning  conditions  during 
the  period?  A.  Yes,  sir;  unless  they  may  have  secured  other 
information  incidentally,  which  would  be  furnished  to  us." 

Again,  Justice  Deuel,  who  has  taken  special  interest  in  the 
work  of  the  Children's  Court,  and  who  had  much  to  do  with 
framing  the  present  charter  provisions  on  this  subject,  testified 
immediately  after  Justice  Olmsted,  as  follows: 

"  Q.  Do  you  know  whether  it  is  the  custom  to  have  the  child  re- 
port to  the  society?  A.  I  understand  the  child  must  report  to 
the  society  once  a  week;  that  has  been  the  custom.  There  are 
other  cases  where  the  boy  is  excused ;  certain  circumstances  might 
cause  the  society  to  excuse  the  boy;  and  it  has  been  done  by  the 
society  on  my  request. 

Q.  Your  general  impression  is,  it  is  the  custom  for  the  boy  to 
report  unless  relieved  from  doing  so  by  the  society?  A.  Yes,  sir, 

Q.  Do  they  visit  the  boy's  home?  A.  The  report  shows  that 
the  boy's  home  and  school  have  been  visited. 


REPORT  OF  THE  PROBATION  COMMISSION.  27 

Q.  And  that  is  submitted  to  you  by  the  superintendent  of  the 
society?  A.  Yes,  sir;  in  typewriting  and  it  is  filed  with  the 

papers. 
*********** 

Q.  Do  yon  understand  that  during  this  parole  period  the 
Society  for  the  Prevention  of  Cruelty  to  Children  is  supposed  to 
help  the  child,  advise  with  the  child?  A.  In  any  case  where  they 
find  advice  would  be  for  the  benefit  of  the  child  they  would  give 
it  or  report  to  the  court.  They  would  report  to  the  court  where 
caution  or  advice  was  advisable.  I  would  prefer  that;  I  would 
prefer  that  the  society  should  report  to  me  and  leave  it  to  us  to 
determine  what  should  be  done. 

Q.  The  function  of  the  probation  officer  is  that  of  a  friend  to 
the  child?  A.  It  should  be;  under  my  supervision,  he  would  do 
what  I  directed  him  to  do. 

Q.  What  would  you  direct  him  to  do?  A.  I  would  find. out 
what  he  had  done  and  what  should  be  done,  and  then  direct  him. 

Q.  Take  the  case  of  this  report  from  'the  society.  Do  they  re- 
port what  the  conditions  were,  or  do  they  try  to  shape  conditions 
during  the  month  of  probation  ?  A.  I  have  never  gone  into  that." 

Justice  Wyatt,  of  the  same  court,  testified  as  follows : 

"  Q.  What  does  this  society  do  with  those  placed  under  its  care? 
A.  All  I  know  is  what  we  have  them  give  us  in  the  report. 

They  describe  the  surroundings  and  conditions  of  the  parents,  etc. 

*          *          *  *          *  *  *  *  *  *  * 

Q,  My  conception  of  probation  work  is  not  that  the  probation 
officer  shall  ascertain  simply  whether  the  child  is  doing  well  or 
badly,  but  that  he  should  help  the  child  to  do  well.  Now  that,  I 
do  not  understand,  from  the  testimony  of  Judge  Olmsted  and 
Judge  Deuel,  to  be  the  nature  of  the  work  carried  on  by  this 
society?  A.  They  do  not  do  what  you  would  call  charity  work 
or  educational  wrork,  but  they  put  all  the  facts  in  the  possession 
of  the  court,  and  the  court  tries  to  pass  its  judgment  in  such  a 
way  as  to  tend  to  the  uplifting  of  the  offender. 

*  *  *  *  «-  *  *  *  -X-  *  * 

Q.  Don't  you  understand  that  in  the  work  of  Mrs.  Axeman, 
for  adult  offenders,  that  her  relation  to  those  women  is  that  of  a 
friend,  counsellor  and  adviser?  A.  I  have  no  doubt  she  tries  to 
make  it  so. 


28  REPORT  OF  THE  PROBATION  COMMISSION. 

Q.  Does  not  that  add  to  its  value?    A.  It  may. 

Q.  Is  not  that  what  probation  work  means?  A.  No;  it  adds 
to  it.  most  decidedly. 

Q.  Do  you  understand  that  that  society  undertakes  to  do  that 
kind  of  work  with  the  children  under  parole?  A.  I  do  not  under- 
stand what  the  society  does,  except  what  it  brings  into  court." 

Mr.  E.  Fellows  Jenkins,  secretary  and  superintendent  of  the 
New  York  Society  for  the  Prevention  of  Cruelty  to  Children, 
testified  that  he  was  appointed  on  December  13,  1901,  as  chief 
probation  officer  in  the  Court  of  Special  Sessions,  in  all  cases  of 
minors  paroled  under  the  age  of  sixteen  years.  This  was  before 
the  establishment  of  a  separate  Children's  Court,  but  carried 
with  it  the  probation  work  at  the  Children's  Court  when  that 
court  was  established  as  a  part  of  the  Court  of  Special  Sessions. 
He  has  to  assist  him  sixteen  paid  agents  of  the  society,  one  of 
whom  is  a  woman.  The  system  of  requiring  the  children  to  re- 
port weekly  at  the  office  of  the  society  was  tried  for  nearly  a 
year,  and  was  then  discontinued.  The  children  are  now  paroled 
in  the  custody  of  the  parents  until  a  certain  day,  usually  about 
a  month  ahead.  Before  the  end  of  the  period  an  investigation  is 
made  by  the  society  and  a  written  report  is  submitted  to  the  judge 
on  the  day  on  which  the  child  appears  in  court. 

"  Q.  Won't  you  tell  us  a  little  more  in  detail  just  what  you  do 
and  just  how  you  divide  up  the  work  between  your  different 
assistants  in  connection  with  a  child  under  parole  during  the 
first  month,  let  us  say?  A.  The  case  is  first  given  to  the  officer  of 
the  society  in  that  district  (police  court  district),  and  it  is  also 
given,  as  I  stated  before,  to  the  representative  of  the  child's 
religion.  She  tries  to  visit  that  child  at  least  once  a  week,  and 
the  officer  of  the  society  visits  the  child,  too;  and  if  I  receive  a 
report  during  the  parole  period  from  the  officer  of  the  society  or 
from  any  one  of  the  ladies  working  under  Mrs.  O'Keefe  or  from 
Mrs.  Axeman  that  in  their  opinion  that  child  has  not  obeyed  the 


REPORT  OF  THE  PROBATION  COMMISSION.  29 

conditions  of  the  parole,  we  immediately  report  that  to  the  court 

and  the  court  directs  that  the  child  be  taken  into  custody. 

*********** 

Q.  Your  officers  assigned  to  this  district  visit  these  children 
who  are  on  parole?  A.  Yes?  sir. 

Q.  At  their  homes?    A.  Yes,  sir. 

Q.  Any  rules  as  to  the  frequency  of  the  visits?  A.  No,  sir;  no 
set  rule  as  to  frequency. 

Q.  What  would  you  think  was  the  ordinary  number  in  the  first 
month  of  a  parole?  A.  Two  or  three  times;  they  visit  them  at 
their  homes. 

Q.  What  do  they  undertake  to  do  for  these  boys  while  they 
are  on  parole?  A.  If  working  boys  and  out  of  employment  they 
would  undertake  to  find  a  situation,  if  they  had  none,  either 
themselves  or  through  some  lady  of  the  different  religious  faiths. 
Mrs.  Axeman  finds  a  good  many  situations.  Mrs.  O'Keefe  and 

Mrs.  Irish  have  found  a  good  many  situations. 
*********** 

Q.  What  beside  helping  and  getting  employment  do  the  officers 
dio  for  those  on  parole?  A.  In  the  cases  of  children  going  to 
school  they  will  visit  the  teacher  of  the  school  or  the  principal; 
they  must  do  that  the  last  week  of  the  parole,  in  order  to  get 
a  school  report.  That  must  be  in  writing  and  embodied  in  the 
report  made  to  the  court. 

Q.  Does  the  officer  who  visits  the  child^s  home  become  person- 
ally acquainted  with  the  child?  A.  Not  more  than  the  several 
contacts  would  bring ;  he  would  not  endeavor  to  do  more.  I  have 
not  found  it  beneficial,  where  such  an  attempt  has  been  made. 

Q.  That  is  by  your  officers?  A.  Yes,  sir;  and  by  other  volun- 
teers. It  has  not  been  always  beneficial;  sometimes  too  much 
familiarity  destroys  the  control  over  the  child.  I  think  a  little 
fear  is  necessary  in  dealing  with  them,  as  well  as  the  social 
meeting  of  them.  I  think  that  works  to  the  benefit  of  the  parole. 

I  find  it  so  in  many  cases. 
*********** 

Q.  Do  you  regard  the  personal  relation  between  the  probation 
or  parole  officer  and  the  child  as  an  important  feature  in  in- 
fluencing the  child's  conduct?  A.  I  do  not  regard  it  in  the  same 
way  a;s  others  do.  . 

Q.  Do  you  regard  it  as  an  important  element  in  the  situation  ? 
A.  I  regard  it  as  important  that  the  child  should  be  brought  to 


30  REPORT  OP  THE  PROBATION  COMMISSION. 

recognize  the  authority  of  the  parole  officer,  and  also  the  further 
fact  that  everything  done  is  for  its  benefit." 

The  testimony  above  has  been  quoted  somewhat  at  length  in 
order  to  give,  in  the  language  of  the  Justices  themselves  and  of 
the  chief  probation  officer,  the  nature  of  the  work  carried,  on  in 
the  Children's  Court  in  the  borough  of  Manhattan. 

The  statistics  of  children  released  on  parole  in  the  Children's 
Court  in  the  boroughs  of  Manhattan  and  the  Bronx  from  its 
organization  to  September  20,  1905,  as  furnished  by  the  society 
are  as  follows : 

Boys 2,915 

Girls  .  182 


Total 3,097 

No.         Per  cent, 

Sentence  suspended  after  various  periods  of 

parole 1,992      62 

Discharged  after  various  periods  of  parole..  557       18 

Committed  after  various  periods  of  parole.  .  512       16 
Provided  with  homes  after  various  periods  of 

parole 5           . 0016 

Bench  warrants  issued  and  unexecuted 32        1 

Committed  to  S.  P.  C.  C.  after  parole 1 

Pending  September  30,  1905 68        2 

During  the  year  1904  of  7,361  cases  coming  before  the  court, 
1,148  were  released  on  paroJe  or  15  per  cent.  The  total  number 
of  cases  brought  before  the  court  increased  from  7,631  in  1904 
to  9,418  in  1905. 

The  distribution  of  children  on  parole  on  December  8,  1905, 
by  the  magistrates'  courts  districts  was  as  follows : 

1  st  District   13 

2d  District   .  18 


REPORT  OF  THE  PROBATION  COMMISSION.  31 

3d  District 40 

4th  District 17 

5th  District 28 

6th  District 20 

7th  District 18 

8th  District  .  3 


A  special  compilation,  made  at  the  request  of  the  Commission, 
shows  that  of  623  children  released  under  a  suspended  sentence 
during  the  year  1904,  after  one  or  more  periods  of  parole,  75,  or 
1.2  per  cent.,  have  since  such  release  been  arrested  for  the  same 
or  other  offenses  and  committed  to  institutions. 

In  the  Children's  Court  of  the  borough  of  Brooklyn  special 
attention  has  been  paid  to  probation  work.  This  court  was 
established  by  special  act  of  Legislature  in  1903,  largely  through 
the  efforts  of  Hon.  Robert  J.  Wilkin. 

The  law  provided  for  the  creation  of  a  Children's  Court  as  a 
branch  of  the  Court  of  Special  Sessions,  Second  Division,  and  the 
appointment  of  an  additional  justice.  Judge  Wilkin,  who  had 
been  for  many  years  the  Superintendent  and  Attorney  of  the 
Brooklyn  Society  of  the  Prevention  of  Cruelty  to  Children,  was 
then  appointed.  The  Justices  of  Special  Sessions  by  lot  sit  in 
rotation  for  periods  of  two  months  each  in  the  Children's  Court, 
but  by  special  arrangement  of  his  associates  Judge  Wilkin  has 
presided  for  nine  months  each  year.  Judge  Wilkin  testified 
before  the  Commission  at  length.  Some  of  the  important  features 
of  his  testimony  may  be  summarized  as  follows: 

When  the  Brooklyn  Children's  Court  was  established,  the 
special  statute  provided  that  the  justice  sitting  in  the  Children's 
Court  might  appoint  three  probation  officers.  He  considered 


32  REPORT  OF  THE  PROBATION  COMMISSION. 

that  provision  to  mean  that  the  different  religions  should  be 
recognized,  and  called  a  meeting  of  the  charitable  and  philan- 
thropic societies  of  Brooklyn  to  meet  at  his  office.  It  was 
decided  that  three  committees  should  be  appointed,  one  repre- 
senting the  Catholics,  one  the  Jewish,  and  one  the  Protestant 
interests.  These  committees  were  to  recommend  the  names  of 
three  persons  as  probation  officers.  The  committee  represent- 
ing the  Catholic  societies  selected  an  agent  of  the  Society  of 
St.  Vincent  de  Paul,  receiving  compensation  from  that  society; 
the  Jewish  societies  suggested  the  superintendent  of  the  Hebrew 
Educational  Society,  and  the  Protestant  societies  suggested  the 
head  worker  for  the  Italian  Settlement.  The  last  mentioned  found, 
however,  that  he  was  unable  to  give  the  work  as  much  time  as  it 
required,  and  subsequently  one  of  the  missionaries  of  the  City  Mis- 
sion and  Tract  Society  was  selected.  The  superintendent  of  the 
Hebrew  Educational  Society  resigned  from  that  position,  and 
his  successor  was  unable  to  give  much  time  to  this  work,  and 
states  that  the  Hebrews  are  not  particularly  desirous  of  hav- 
ing a  Hebrew,  as  such,  appointed  as  a  probation  officer.  Leading 
members  of  the  Jewish  faith  have  said  that  as  good  results 
would  come  from  a  probationary  officer  of  any  faith,  the  chief 
point  being  that  the  officer  should  be  kind  hearted  and  intelli- 
gent. The  superintendent  of  the  Society  for  the  Prevention 
of  Cruelty  to  Children  has  been  called  upon  to  act  as  probation 
officer  in  some  cases,  especially  the  Jewish  cases,  and  for  some 
Protestant  cases.  Mrs.  Tunis  G.  Bergen,  a  member  of  this  Com- 
mission, has  acted  as  a  volunteer  probation  officer  for  some  girk, 
and  Miss  Leitch,  who  represents  the  Society  of  St.  Vincent  de 
Paul  in  the  Court  of  Special  Sessions,  has  taken  charge  of  some 
Catholic  girls. 


REPORT  OF  THE  PROBATION  COMMISSION.  33 

Justice  Wilkin  meets  the  probation  officers  in  conference 
once  a  month  and  they  talk  over  the  cases.  During  1904,  326 
Catholic  children  were  placed  on  probation,  108  Protestants 
and  44  Hebrews.  Judge  Wilkin  thought  he  could  count  upon 
the  services  of  the  representatives  of  these  societies  as  being 
sufficient  for  the  needs  of  the  probation  work  in  Brooklyn. 
The  child  is  placed  on  probation  without  time  being  stated,  but 
required  to  report  to  the  court  in  about  thirty  days.  This  period 
may  be  extended  indefinitely,  but  usually  ends  in  about  three 
months.  Occasionally  it  might  be  advantageous  to  extend  pro- 
bationary oversight  for  a  longer  period. 

In  the  subsequent  examination  of  the  probation  officers,  it 
appeared  that  the  Catholic  probation  officer  enlisted  the  co- 
operation of  many  members  of  the  Society  of  St.  Vincent  de  Paul 
in  parishes  in  which  the  society  is  organized;  that  he  also  aims 
to  visit  the  children  in  their  homes,  as  well  as  to  require  them 
to  report  to  him,  but  that  the  number  is  too  great  to  permit 
him  to  visit  them  as  frequently  and  become  as  well  acquainted 
with  them  as  he  would  like  to  do.  A  considerable  number  of 
Protestant  and  Jewish  children  were  committed  to  the  oversight 
of  the  Brooklyn  Society  for  the  Prevention  of  Cruelty  to 
Children. 

When  children  are  placed  under  the  probationary  care*  of  the 
society,  they  report  to  the  office  of  the  society.  This  is  required 
for  the  purpose  of  establishing  a  personal  relation  between  the 
child  and  the  probationary  officer  and  to  build  up  an  acquaint- 
ance which  might  tend  to  influence  its  future  conduct.  Visits  are 
also  made  to  the  child's  home,  seeking  the  reasons  for  his  delin- 
quency and  to  establish  a  friendly  interest  with  the  parent  and 

-child  in  the  effort  to  encourage  better  conduct  upon  the  part  of 
3 


34  EEPOKT  OF  THE  PROBATION  COMMISSION. 

both.  The  child's  home  may  be  visited  by  several  different  offi- 
cers with  a  short  time  intervening  between  each  visit,  in  order 
that  the  report  of  one  officer  may  correct  any  temperamental 
errors  in  the  report  of  another. 

Very  recently  the  society  has  placed  a  woman  probation  offi- 
cer at  the  service  of  the  court,  her  salary  being-  guaranteed  ta 
the  Society  by  the  Women's  Clubs  and  other  women's  organiza- 
tions of  Brooklyn. 

The  entire  number  of  children  brought  before  the  court  in 
1905,  was  3,307,  of  whom  2,981  were  boys  and  326  girls.  Of  this 
number  1,856  boys  and  217  girls  were  convicted.  Those  con- 
victed were  dealt  with  as  follows : 

Committed  to  institutions    742 

Paid  fines    203 

Committed  in  default  of  payment  of  fines 23 

Sentence  suspended  without  probationary  oversight 479 

i 
Released  on  probation   


Total 2,073 


The  626  placed  on  probation  are  accounted  for  at  the  end  of  the 
year  as  follows : 

Rearrested  and  committed  to  institutions 116 

Sentence  suspended  indefinitely  after  a  satisfactory  period 

of  probation 391 

Remained  on  probation  at  the  end  of  the  year 119 

Total ,  .  626 


In  Buffalo  the  Juvenile  Court  was  organized  in  1901,  as  a  di- 
vision of  1he  City  Court.     This  was  the  first  separate  children's 


REPORT  OF  THE  PROBATION  COMMISSION.  35 

court  in  this  State,  and  the  first  important  development  of  pro- 
bation work  for  children  in  this  State  was  in  connection  with 
this  court.  The  justice,  Hon.  Thomas  Murphy,  who  has  pre- 
sided continuously  in  the  Children's  Court  since  its  establish- 
ment, has  taken  a  great  interest  in  the  development  of  probation 
work,  and  is  entitled  to  high  praise  for  having  led  the  way  in  the 
movement  for  juvenile  probation  in  this  State. 

A  large  number  of  volunteer  probation  officers  have  been  ap- 
pointed, but  up  to  the  present  time  none  receive  salaries.  Some  of 
these  volunteer  probation  officers  are  the  salaried  agents  of  char- 
itable societies;  others  are  professional  or  business  men;  two 
are  attendance  officers  of  the  Educational  Department,  and 
there  are  a  number  of  ladies.  Kecently  a  police  officer  has  been 
detailed  to  serve  bench  warrants  for  the  arrest  of  juvenile 
offenders  released  on  probation  who  are  reported  by  the  proba- 
tion officers  as  violating  the  terms  of  their  probation.  The  pro- 
bation officers,  as  a  rule,  require  the  children  to  report  to  them 
once  a  week  at  first,  and  subsequently  diminish  the  frequency  of 
the  reports.  The  children  are  put  on  probation  for  a  term  of 
three  months,  renewable  in  the  discretion  of  »  the  court,  and  if  they 
do  not  violate  the  terms  of  the  probation  they  do  not  appear 
again  in  court.  The  probation  officer  files  a  report  at  some  subse- 
quent time,  stating  the  conduct  of  the  child,  and  a  report  is  then 
entered  at  the  court  that  the  child  is  definitely  discharged  from 
further  supervision.  On  this  point  Judge  Murphy  testified  as 
follows: 

"  Q.  For  what  length  of  time  do  you  ordinarily  place  a  child 
on  probation  in  the  first  instance?  A.  Three  months  is  the 
time,  but  after  that  the  privilege  is  in  the  probation  officers  to 
renew  it  as  long  as  they  see  fit. 


36  REPORT  OF  THE  PROBATION  COMMISSION. 

Q.  At  the  end  of  those  three  months,  is  a  report  made  to  you 
about  the  offender?  A.  Not  necessarily;  the  probation  officer 
discharges  them  when  he  feels  they  should  be  discharged,  and  a 
report  is  filed  with  the  secretary  (of  the  court). 

Q.  Does  that  involve  any  action  on  your  part  confirming  that? 
A.  No. 

Q.  Not  if  there  was  a  suspension  of  sentence  at  the  outset? 
A.  It  is  supposed  that  when  sentence  is  suspended  they  are 
placed  on  probation. 

Q.  That  suspension,  of  sentence  remains  how  long?    A.  As  I 

look  upon  it,  it  is  practically  a  discharge,  when  he  is  discharged. 

*#**•******» 

Q.  Would  it  seem  to  you  that  it  would  be  wise  for  each  of  these 
cases  to  come  back  to  you  for  your  knowledge  and  action  when 
the  discharge  takes  place;  that  it  should  be  your  act,  based  on 
the  statement  of  your  probation  officer?  A.  It  might  have 
a  little  more  effect;  I  do  not  think  it  is  necessary.  I  think  there 
are  results  we  have  obtained  with  the  plan  we  have  followed; 

I  think  they  have  been  satisfactory. 

*          *          *          *          *          *          *          *          *          »          * 

Q.  Suppose  a  child  does  not  report  regularly,  as  he  is  instructed 
to  do  by  the  probation  officer;  what  happens  then?  A.  He  is 
sent  for;  the  police  department  is  notified  to  bring  him  in. 

Q.  Notified  by  you,  or  directly  by  the  probation  officer?  A. 
By  my  clerk. 

Q.  Then  what  happens?  A.  They  are  supposed  to  bring  him  in. 
I  do  not  know  that  they  always  have  done  it,  but  they  have  been 
notified. 

Q.  Then  you  talk  with  the  boy?  A.  Oh,  yes,  and  give  him 
another  chance;  everything  is  done;  they  are  sent  away  only  as 
a  last  resort." 

There  was  some  effort  to  district  the  city,  dividing  it  at  least 
into  an  East  Side  and  a  West  Side,  in  each  of  which  there  was 
a  Catholic  man  having  the  older  boys  and  a  Catholic  woman  the 
girls  and  younger  boys;  a  Protestant  man  for  the  older  boys 
and  a  Protestant  woman  for  the  girls  and  younger  boys,  besides 
whom  there  was  one  Jewish  officer,  two  attendance  officers  from 


REPORT  OF  THE  PROBATION  COMMISSION.  37 

the  Department  of  Education,  a  Polish  officer,  who  is  a  practicing 
lawyer,  and  several  others.  Air  Polish  children  are  placed  under 
the  care  of  the  Polish  probation  officer,  but  there  being  a  large 
number  of  such  children  it  has  not  been  possible  for  him  to  give 
them  as  much  attention  as  is  desirable. 

There  is  extreme  reluctance  on  the  part  of  the  judge  to  com- 
mit to  an  institution — so  much  so  that  in  many  cases  children 
are  placed  on  probation  several  times  in  succession.  A  number 
of  probation  officers  testified  that  children  reported  by  them 
either  to  the  clerk  of  the  court  or  directly  to  the  police  depart- 
ment as  violating  the  terms  of  probation  had  not  been  appre- 
hended. 

In  Rochester  the  Children's  Court  is  presided  over  by  the 
judge  of  the  Juvenile  Court,  who  is  also  a  police  justice.  It  is 
held  in  a  separate  room,  though  in  the  same  building  as  the 
police  court,  the  records  being  kept  by  the  clerk  of  the  police 
court.  A  special  statute  was  enacted  in  1905  in  relation  to  the 
Juvenile  Court  of  Rochester,  but  has  not  as  yet  gone  fully  into 
effect.  Children  placed  on  probation  are  placed  under  the  care 
of  the  agents  of  the  Rochester  Society  for  the  Prevention  of 
Cruelty  to  Children.  The  salaried  agent  of  the  society  has  been 
appointed  a  probation  officer  of  the  Juvenile  Court,  and  also  some 
sixteen  volunteers,  most  of  whom  are  connected  with  the  society 
or  are  clergymen.  These  volunteer  probation  officers  reside  in  dif- 
ferent portions  of  the  city  and  the  children  are  expected  to  report 
to  them  instead  of  reporting  to  the  central  office  of  the  society. 
From  January,  190'4,  to  December,  1904,  151  children  were 
placed  on  probation  on  this  plan.  A  card  is  given  to  the  pro- 
bit  ioner  and  the  probation  officer  notes  on  the  back  of  the  card 
each  visit  made  to  him  by  the  child.  The  usual  term  of  proba- 


38  REPORT  OF  THE  PROBATION  COMMISSION. 

tion  is  three  months.  It  is  sometimes  extended.  There  is  no 
stated  period  of  visitation  by  the  probation  officers  at  the  homes 
of  the  children,  but  they  are  expected  to  visit  from  time  to  time. 
They  do  not  make  any  reports  to  the  society  or  to  the  court  in 
regard  to  their  visits  to  the  home  of  the  child,  unless  the  sur- 
roundings are  unfavorable  or  the  child  does  badly,  when  these 
facts  are  reported  to  the  society  or  to  the  court.  The  child  does 
not  return  to  the  court  after  being  placed  on  probation  unless 
he  does  badly.  The  volunteer  probation  officers  meet,  perhaps 
once  in  six  months,  to  confer  in  regard  to  the  work. 

In  Syracuse  there  is  a  'separate  Children's  Court  in  the  same 
building  as  the  Police  Court,  presided  over  by  the  police  justice. 
Few  are  placed  on  probation.  Of  168  children  who  appeared 
before  the  court  from  January  1,  1905,  to  December  1,  1905,  fifty 
were  committed  to  institutions,  about  ten  were  discharged  as  not 
convicted,  and  the  remainder  (about  108)  were  discharged.  Of 
these  some  twenty  were  placed  under  probation.  They  are  not 
placed  on  probation  for  any  particular  length  of  time.  The  pro 
bation  officer  for  children  is  Mr.  Fillmore  Smith,  agent  of  the 
Society  for  the  Prevention  of  Cruelty  to  Children.  Mr.  Smith 
was  appointed  as  probation  officer  some  two  years  ago.  The 
children  are  required  to  report  weekly  for  a  fortnight,  and  when 
there  seemed  to  be  occasion  therefor  the  requiring  of  weekly 
reports  has  been  extended  to  a  period  of  six  or  even  nine  months. 
The  original  period  of  probation  is  stated  by  Mr.  Smith  to  be 
three  months.  The  cases  are  not  usually  reported  to  the  judge 
unless  they  do  badly.  The  homes  of  the  children  are  visited  in 
some  cases,  but  not  as  a  'uniform  practice.  If  visited,  it  is 
usually  an  incidental  visit  paid  on  account  of  other  reasons. 
The  other  duties  of  the  probation  officer  are  so  numerous  and 


REPORT  OF  THE  PROBATION  COMMISSION.  39 

-extensive  that  he  is  unable  to  give  the  amount  of  time  to  pro- 
bation work  that  it  should  require. 

Since  the  date  of  the  examination  of  the  witnesses  from  Syra- 
cuse, several  additional  volunteer  probation  officers  have  been 
appointed,  and  the  city  authorities  have  taken  the  first  steps 
toward  providing  salaries  for  one  or  more  probation  officers. 

In  Utica  the  police  court  has  jurisdiction  of  children's  cases 
and  hears  them  at  separate  hours  from  the  cases  of  adults,  but 
in  the  same  room.  It  is  held  at  2  :30  o'clock  each  afternoon  ex- 
cept Saturday,  and  on  Saturday  at  11  o'clock.  The  number  of 
children  brought  before  the  court  during  1he  year  ending  No- 
vember 30,  1905,  was  241.  Of  this  number  eighty-six  were  dis- 
charge-d  absolutely,  forty-five  were  adjourned  for  a  period  of  six 
weeks  or  two  months;  forty -eight  were  sent  to  institutions. 

There  is  no  probation,  as  such,  but  the  cases  which  are  ad- 
journed are  regarded  as  in  a  sense  probation  cases.  In  some  in- 
stances one  or  the  other  of  two  truant  officers  of  the  city  are 
asked  to  "  look  after  "  truant  children,  and  the  children  are  re- 
quested to  bring  school  reports  to  the  court  each  Friday  after- 
noon. There  are  no  probation  officers.  In  the  course  of  the  year 
four  children  were  placed  under  the  oversight  of  volunteers,  who 
were  asked  to  report  to  the  court  occasionally  in  regard  to  the 
children.  At  the  end  of  the  period  of  adjournment,  if  the  re- 
ports have  been  satisfactory,  the  child  is  definitely  discharged. 
In  the  opinion  of  the  judge  it  would  be  desirable  to  have 
some  probationary  oversight  over  children  released  under  the 
period  of  adjournment,  or,  in  terms,  on  probation.  The  Society 
for  the  Prevention  of  Cruelty  to  Children  is  inactive  if  it  still 
exists. 


40  REPORT  OF  THE  PROBATION  COMMISSION. 

In  Schenectady,  cases  of  children  are  heard  in  the  police  court, 
at  a  different  hour  from  the  cases  of  adults.  From  January  lr 
1905,  to  December  19,  1905,  63  children  were  released  on  pro- 
bation under  suspended  sentence.  The  period  of  probation  is 
usually  one  month  or  two  months;  never  longer  than  ten  weeks. 

The  agent,  in  Schenectady,  of  the  Mohawk  and  Hudson  River 
Humane  Society  has  been  requested  to  act  as  probation  officer, 
though  not  formally  appointed  as  such.  When  the  child  is  re- 
leased on  probation,  he  is  directed  to  report  once  a  week  to  the 
agent  of  that  society.  The  case  is  not  reported  to  the  judge  after 
the  child  is  placed  on  probation  unless  the  child  does  badly,  re- 
fusing to  report  or  committing  some  further  offense.  In  such 
cases  the  child  is  brought  before  the  judge  and  after  reprimand 
and  counsel  may  be  again  released  on  probation.  Only  thirteen 
children  were  committed  to  institutions  during  the  year,  and 
these  on  account  of  improper  guardianship.  In  probation  cases 
no  record  of  conviction  is  entered.  When  the  child  reports  at 
the  office  of  the  society  he  brings  with  him  a  card  upon  which 
an  entry  has  been  made  by  the  school  authorities  each  week  as 
to  his  conchict  and  attendance,  and  also  an  entry  by  the  parents 
as  to  the  boy's  conduct.  Upon  the  basis  of  these  reports,  and  also 
the  record  a.s  to  punctuality  in  reporting,  an  entry  is  made  upon 
the  card  by  the  society  that  the  child  is  doing  well,  or  otherwise. 
The  boy's  home  is  visited  occasionally,  ordinarily  not  for  two 
weeks  after  he  is  released  on  probation.  The  agent  of  the  society 
regards  his  personal  influence  with  the  boys  as  an  important 
factor  in  the  probation  system.  An  additional  agent  has  been 
appointed  by  the  society  since  the  probation  work  was  under- 
taken. It  is  stated  that  none  of  the  63  boys  who  have  been  placed' 
on  probation  during  the  past  year  have  subsequently  been  com- 
mitted. There  is  no  volunteer  assistance  in  the  probation  work> 


REPORT  OF  THE  PROBATION  COMMISSION.  41 

In  Albany  children's  cases  are  heard  by  the  police  court,  at  a 
separate  hour  from  the  cases  of  adults.  The  probation  system  has 
been  in  use  for  nearly  two  years,  the  probation  officers  being  the 
agents  of  the  Mohawk  and  Hudson  River  Humane  Society,  and 
a  rabbi,  who  acts  as  volunteer  probation  officer  for  Jewish 
children. 

The  children  on  probation  report  weekly  at  the  office  of  the 
society  and  are  required  to  bring  a  report  from  the  school  teacher, 
from  employers  if  employed,  and  from  the  Sunday  schools  they 
attend.  Each  Monday  the  probation  officers  report  to  the  court 
showing  what  children  have  failed  to  report  or  have  otherwise 
violated  the  terms  of  their  release.  No  specified  period  of  pro- 
bation is  indicated  when  the  child  is  placed  on  probation.  The 
length  of  the  probation  rests  practically  in  the  hands  of  the 
society.  A  list  of  those  who  are  to  be  discharged  from  further 
reporting  goes  to  the  judge,  but  the  particulars  in  regard  to  the 
individual  cases  are  not  submitted  unless  he  so  requests.  In 
doubtful  cases  the  child  is  summoned  before  the  judge  before 
being  finally  released  on  probation.  From  February  10,  1904,  to- 
December,  1905,  223  children  were  placed  on  probation,  216  boys 
and  7  girls.  Of  this  number,  158  have  been  favorably  dis- 
charged as  having  complied  with  the  terms  of  probation :  7 
have  left  town;  16  were  rearrested;  10  were  committed  ta 
institutions,  and  32  remained  on  probation  at  the  end  of  the 
period.  Probably  from  50  to  60  per  cent,  of  these  226  children 
would  have  been  committed  to  institutions  if  there  had  been  no 
probation  system.  There  is  no  systematic  visitation  of  the  hornet 
of  the  children.  The  agents  of  the  society  sometimes  visit  them 
incidentally. 


42  REPORT  OF  THE  PROBATION  COMMISSION. 

In  Troy  the  conditions  are  much  the  same  as  in  Albany,  the 
same  agent  of  the  Mohawk  and  Hudson  River  Humane  Society 
serving  as  probation  officer  since  February,  1905.  There  are  no 
other  probation  officers  in  Troy.  From  February,  1905.  to  De- 
cember, 1905,  102  children  were  placed  on  probation.  The  number 
committed  to  institutions  is  much  smaller  than  the  number  placed 
on  probation.  There  is  no  fixed  period  of  probation.  The  child 
is  simply  placed  under  the  oversight  of  the  probation  officer, 
being  directed  to  report  to  him,  and  remains  on  probation  until 
the  court  or  the  probation  officer  discharges  him  from  probation. 
He  reports  on  Saturdays  at  the  office  of  the  Humane  Society  in 
Troy.  They  are  required  to  report  for  periods  ranging  from  two 
months  to  nearly  a  year,  the  average  period  being  probably  about 
three  months.  There  is  no  regular  system  of  visitation,  of  the 
homes  of  the  children.  An  assistant  in  the  office  of  the  Humane 
Society  visits  some  of  them  when  requested  by  the  probation 
officer.  A  committee  of  ladies  is  being  formed  to  visit  the  children 
at  their  homes.  About  six  children  who  have  been  placed  on 
probation  have  subsequently  been  committee1. 

In  the  city  of  Binghmnton  the  superintendent  of  the  Froome 
County  Societies  for  the  Prevention  of  Cruelty  to  Childrea  acts 
as  probation  officer  for  all  the  courts  within  the  county. 
The  period  of  probation  is  usually  three  months.  Of  300  cases 
coming  before  the  courts  from  September  2-1,  1903,  to  December 
18,  1905,  285,  or  95  per  cent.,  were  convicted,  2  wer*1  acquitted, 
and  in  13  cases,  complaints  were  withdrawn  Of  t'le  285  cases 
convicted,  159  were  placed  on  parole,  the  parole  cases  being  ex- 
pected, as  a  rule,  to  report  weekly. 

In  the  city  of  Yonkers  a  salaried  official  ot  a  charitable  society 
acted  as  probation  officer.  His  report  for  th-?  period  from  March 


REPORT  OF  THE  PROBATION  COMMISSION.  43 

1,  1904,  to  September  1,  1905,  shows  19  children  placed  under  his     , 
care,  who  at  the  end  of  the  period  were  recorded  as  follows : 

Doing  well 13 

Doing  fairly  well 4 

Rearrested  and  committed 2 

At  present  two  probation  officers  receiving  salaries  from  pri- 
vate sources  have  been  appointed.  The  appointment  of  a  salaried 
probation  officer  is  under  consideration. 

In  the  city  of  Watervliet,  in  Albany  county,  just  across  the 
Hudson  from  Troy,  the  recorder  of  the  city,  who  has  jurisdiction 
of  children's  cases,  has  formally  appointed  the  agent  of  the 
Mohawk  and  Hudson  River  Humane  '  Society  as  a  probation 
officer.  This  appointment  was  made  a  few  months  ago. 

VALUE  OF  PROBATION. 

This  Commission  is  thoroughly  convinced  that  the  probation 
system  is  an  exceedingly  valuable  factor  in  correctional  work. 
Until  its  introduction  there  were  but  three  possibilities  in  deal- 
ing with  any  person  convicted  of  an  offense,  no  matter  what  the 
extenuating  circumstances  or  the  record  of  the  offender  might  be. 
These  were  (1)  to  release  the  prisoner  under  suspended  sentence, 
but  with  no  oversight  by  any  person  whose  business  it  was  to 
keep  informed  as  to  the  offender's  conduct  and  report  the  same 
to  the  judge;  or  (2)  to  commit  the  offender  to  a  penal  or  reforma- 
tory institution,  with  all  that  this  implies  of  association  with 
more  hardened  offenders,  loss  of  self-respect,  and  serious  handi- 
cap for  the  future;  (3)  to  impose  a  fine.  The  probation  system 
offers  a  fourth  possibility — one  free  from  the  objections  to  which 
as  applied  to  certain  cases,  each  of  the  other  methods  is  open.  It 
provides  supervision  of  the  conduct,  employment  and  habits  of 


44  REPORT  OF  THE  PROBATION  COMMISSION. 

the  person  who  has  been  convicted  of  an  offense;  it  places  him- 
under  a  certain  discipline;  it  qualifies  his  freedom;  it  reminds 
him  that  violation  of  the  law  brings  unpleasant  consequences; 
but  it  does  not  deprive  him  of  his  liberty;  it  does  not  set 
him  apart  from  the  community;  it  does  not  cause  him  to  be 
placed  in  intimate  association  with  large  numbers  of  other 
offenders,  some  of  whom  are  sure  to  be  of  a  more  hardened  and 
incorrigible  type.  Apart  from  the  degree  of  success  which  has 
been  achieved  in  certain  courts  of  this  State  during  the  past 
four  years,  the  probation  system  has  a  creditable  record  for  a 
much  longer  term  elsewhere.  In  the  State  of  Massachusetts  it 
has  been  in  successful  operation  for  thirty  years.  It  not  only 
appeals  to  the  humane  sentiments  of  the  community  and  affords 
rational  treatment  of  the  various  classes  of  criminals,  but  has 
stood  the  test  of  three  decades  of  actual  use.  It  can  show  as  its 
fruit  large  numbers  of  persons  who  have  taken  a  first  and  some- 
times a  serious  step  in  a  criminal  career,  and  who,  by  the  friendly 
oversight,  counsel  and  assistance  provided  by  this  system,  and  by 
its  strong  and  constant  appeal  to  the  better  judgment,  have 
resisted  all  temptation  to  return  to  a  life  of  crime,  and  are  self- 
supporting,  self-respecting,  useful  members  of  society. 

The  probation  system  has  also  another  and  important  value 
to  the  community  in  its  economy.  The  cost  to  the  community 
of  maintaining  prisons  and  reformatory  institutions  is  large. 
The  actual  saving  in  dollars  and  cents  by  reducing  the  number 
of  persons  committed  to  penal  institutions,  to  be  maintained 
therein  at  the  expense  of  the  public,  is  no  inconsiderable  item. 
The  additional  saving  involved  in  the  wages  of  men  who 
would  otherwise  be  unproductive  is  also  large.  Not  infrequently 
a  family  has  to  be  supported  by  charity  while  the  bread  winner 


REPORT  OF  THE  PROBATION  COMMISSION.  45  • 

is  imprisoned.  Under  probation  he  could  support  his  family  and 
the  public  would  be  saved  his  maintenance.  This  is,  to  be 
sure,  a  strictly  incidental  benefit.  We  would  never  advo- 
cate the  adoption  of  the  probation  system  for  this  reason 
alone,  but  in  this  case,  fortunately,  the  course  which  is  indicated 
.as  best  for  a  considerable  number  of  convicted  offenders  is  also 
the  course  which  is  the  most  considerate  of  the  taxpayer.  As  an 
instance,  it  may  be  noted  that  as  a  result  undoubtedly  of  the 
probation  work  for  women  undertaken  in  1905  in  Rochester  by 
Mrs.  W.  W.  Armstrong,  the  number  of  women  committed  to  the 
Reformatory  at  Albion  decreased  from  21  in  1904  to  11  in  1905. 

MERITS  AND  DEFECTS  OF  THE  PROBATION  SYSTEM  AS 
AT  PRESENT  CARRIED  ON. 

(a)  Probation  for  Adults. 

In  the  magistrates'  courts  of  New  York  City  probation  work 
as  at  present  administered  secures  less  satisfactory  and  less 
useful  results,  in  the  opinion  of  this  Commission,  than  in  any 
other  courts  in  which  it  has  been  undertaken.  The  chief  deficien- 
cies in  probation  work  in  these  courts  are  the  following: 

1.  There  is  no  system  of  identification  of  the  various  offenders 
brought  before  the  court,  and  as  cases  are  disposed  of  summarily 
there  is  no  opportunity  for  ascertaining  positively  in  many  cases 
whether  a  prisoner  is  a  first  offender  or  not.  The  result  is  that 
many  confirmed  offenders  are  released  upon  probation,  and  it 
is  at  least  possible,  that  some  of  the  less  hardened  type  are 
committed.  Particularly  in  the  case  of  women  arrested  for 
soliciting  and  similar  offenses,  there  appears  to  be  little  discrimi- 
nation on  the  part  of  some  of  the  magistrates  in  the  selection 
of  cases  for  probation.  The  investigations  made  by  this  Com- 


4C  REPORT  OF  THE 'PROBATION  COMMISSION. 

« 

mission  show  that  many  women  who  have  been  confirmed  offend- 
ers for  years  have  been  placed  on  probation. 

2.  The  police  probation  officers  who,  except  for  the  cases  of 
one  magistrate  in  the  borough  of  Manhattan,  have  charge  of  all 
male  offenders  on  probation  in  the  borough  of  Manhattan,  pos- 
sess, with  some  notable  exceptions,  few  or  none  of  the  peculiar 
qualifications  needed  for  their  work.  The  extent  to  which  their 
services  are  utilized  for  real  probation  work  varies  greatly, 
but  it  is  our  opinion  that  in  the  majority  of  cases  these  police 
probation  officers  do  practically  no  probation  work.  They 
are  simply  additional  court  officers.  An  extreme  case,  perhaps, 
is  that  of  one  of  these  police  probation  officers,  whose  state- 
ments before  the  Commission  show  that  he  had  only  fourteen 
cases  under  his  care  during  a  period  covering  nine  months,  of 
whom  only  nine  remained  on  probation  at  the  date  of  the 
examination,  of  whom  only  one  required  visiting,  and  this  one 
offender  has  been  visited  only  twice,  as  nearly  as  the  officer  could 
remember.  The  officer  was  supposed  to  devote  from  one-third 
to  one-half  of  each  month  to  the  visitation  of  those  under  his 
care.  From  the  records  of  the  police  officers  who  have  been 
detailed  as  probation  officers,  the  Commission  is  satisfied  that 
most  of  them  are  men  who  have  been  selected  by  reason  of 
favoritism,  and  who.  before  securing  this  detail,  have,  as  a  rule, 
enjoyed  other  details  relieving  them  from  the  more  onerous 
duties  of  the  ordinary  policeman.  The  police  officer,  as  a  rule, 
has  no  expectation  that  offenders  will  reform.  His  chief  duty 
is  the  enforcement  of  the  law — repression,  not  reformation.  He 
has  little  conception  of  what  probation  work  means,  and,  as  a 
rule,  little  or  no  aptitude  for  it.  We  are  glad  to  state  that 
these  remarks  do  not  apply  to  a  few  of  the  police  probation 


REPORT  OP  THE  PROBATION  COMMISSION.  47 

officers,  who  do  excellent  work.  Aside  from  these  exceptions, 
the  Commission  is  firmly  convinced  that  the  detail  of  ten  or 
twelve  members  of  the  police  force  of  the  city  of  New  York  to 
so-called  probation  work  accomplishes  no  good  purpose,  is  a 
waste  of  public  funds,  diminishes  unnecessarily  the  force  avail- 
able for  proper  police  work,  and  hinders  the  development  of  real 
probation  work  in  these  courts.  That  probation  officers  are 
under  special  and  constant  temptations  and  are  very  frequently 
offered  money  and  other  considerations,  is  admitted.  In  our 
opinion,  police  probation  officers  in  these  courts  are  more  likely 
to  be  drawn  into  improper  practices,  leading  to  the  protection  of 
vicious  characters  than  civilians  would  be. 

The  women  probation  officers  in  the  magistrates'  courts  in  the 
city  of  New  York  have  up  to  this  time  received  no  salaries  for 
their  work.  They  were  in  some  cases  selected  upon  recommenda- 
tion of  charitable  or  religious  organizations  and  were  originally 
appointed  to  do  missionary  work  rather  than  what  is  ordinarily 
considered  probation  work.  They  have  labored  under  many  dis- 
advantages, chief  among  these,  perhaps,  a  failure  on  the  part  of 
the  magistrates  to  appreciate  the  real  opportunities  of  the  pro- 
bation system,  and  either  an  unwillingness  to  use  it  at  all  or  its 
indiscriminate  use  for  many  cases,  to  wThich  it  has  no  proper 
application.  Some  of  them  have,  therefore,  had  very  little  to  do 
so  far  as  actual  probation  work  is  concerned;  others  have  been 
overwhelmed  with  cases  for  whom  little  or  nothing  effective 
could  be  done.  There  has  been  no  uniformity  of  method, 
no  adequate  system  of  visiting  probationers  at  their  homes,  or 
securing  adequate  information  in  regard  to  their  manner  of 
life.  The  system  of  requiring  reports  from  the  probationers  has 
been  more  or  less  perfunctorily  administered,  and  many  of  them 


48  REPORT  OP  THE  PROBATION  COMMISSION. 

have,  on  the  slightest  pretexts,  been  permitted  to  make  reports 
in  writing  instead  of  in  person.  While  undoubtedly  good  results 
have  been  accomplished  in  individual  cases,  the  work,  as  a  whole, 
must  be  pronounced  ineffective.  Not  all  of  these  probation  offi- 
cers possess  the  proper  qualifications  for  such  work;  breadth  of 
view,  education,  systematic  methods  are  in  some  instances 
lacking. 

A  special  inquiry  was  made  by  the  Commission  in  regard  to 
women  placed  on  probation  from  the  Fourth  (Yorkville)  and 
Second  (Jefferson  Market)  district  courts,  during  the  period 
from  June  1  to  December  15,  1905,  for  disorderly  conduct,  solicit- 
ing or  kindred  offenses.  The  total  included  were  as  follows : 

Fourth  district 94 

Second  district 47 


Total 141 

Of  these  141  cases,  the  addresses  were  found  to  be  deficient  or 
^fictitious  as  follows : 

Fourth  district 28 

Second  district 9 

Total • 37 

leaving  only  104  cases  as  to  whom  information  could  be  secured. 

The  statements  made  by  the  women  themselves  concerning  the 
regularity  of  their  reports  to  the  probation  officer  are  as  follows : 

Fourth  district. — Never  reported,  44  persons,  or  66  per  cent.; 
reported  from  1  to  4  times  in  person  or  writing,  10  persons,  or 
15  per  cent. ;  reported  regularly,  6  persons,  or  9  per  cent. ;  would 
not  give  the  information,  6  persons. 

Second  district. — Never  reported,  21  persons,  or  55  per  cent,  of 
the  total;  reported  from  1  to  4  times  in  person  or  in  writing, 


REPORT  OF  THE  PROBATION  COMMISSION.  49 

11  persons,  or  29  per  cent.;  reported  regularly,  6  persons,  or  16 
per  cent. 

Fifteen  of  the  Fourth  district  cases  and  fourteen  of  the  Second 
district  cases  stated  that  they  had  previously  been  arrested  more 
than  twice,  and  nine  offenders  stated  that  they  had  been  arrested 
from  eighteen  to  sixty-one  times. 

The  statements  made  by  them  as  to  the  length  of  time  during 
which  they  had  led  an  openly  immoral  life  were  as  follows : 

Fourth  district. — Less  than  one  year,  4;  one  to  two  years,  22; 
three  years  or  more,  25. 

Second  district. — Less  than  one  year,  none;  one  to  two  years, 
10 ;  three  to  six  years,  16 ;  more  than  six  years,  12. 

In  considering  the  above  statements,  the  degree  of  credibility 
to  be  accorded  to  such  persons  must  be  borne  in  mind.  Many  of 
their  statements,  however,  were  subsequently  confirmed  by  the 
probation  officers,  under  examination.  There  can  be  no  mistak- 
ing the  significance  of  the  fact  that  all  of  these  women,  with 
one  exception,  were  seen  either  soliciting  on  the  streets  or  fre- 
quenting Eaines  Law  hotels.  With  few  exceptions  the  women 
stated  that  they  had  not  been  visited  by  a  probation  officer,  and 
that  no  steps  had  been  taken  to  punish  them  for  failure  to  re- 
port, or  for  resuming  their  professional  immorality  during  the 
period  of  parole.  It  is  evident  that  with  this  class  of  offenders 
probation  has  had  little  or  no  meaning,  with  possible  rare  ex- 
ceptions. It  is  more  than  likely  that  magistrates  have  yielded 
to  the  requests  of  lawyers  to  place  such  women  on  probation 
when  a  commitment  would  have  been  for  the  public  interests. 

There  are  no  adequate  court  records  concerning  persons  placed 
on  probation  in  the  magistrates'  courts.  While  the  probation 
officers  keep  some  records  concerning  the  conduct  of  persons 


50  REPORT  OF  THE  PROBATION  COMMISSION. 

under  their  care,  the  fullness  of  such  records  depending  on  the 
individual  practice  of  the  probation  officer,  these  are  not  court 
records.  The  court  record  contains  practically  no  entries  sub- 
sequent to  the  release  of  the  person  upon  probation,  except  the 
fact  that  at  some  future  date  he  was  committed  or  discharged. 
There  is  little  or  nothing  to  guide  the  magistrate  in  case  of  a 
subsequent  arrest  of  the  same  offender. 

The  usual  periods  of  probation  are  much  too  short  to  secure 
permanent  results.  This  is  true,  practically  of  all  probation 
work  in  this  State,  both  of  adults  and  of  juvenile  offenders,  and 
will  be  considered  more  at  length  in  a  later  paragraph. 

The  rotation  of  the  male  probation  officer  with  the  magistrate 
is,  in  our  opinion,  undesirable.  It  takes  the  probation  officer 
to  all  parts  of  the  city,  places  under  his  care  offenders  residing 
in  all  parts  of  the  city,  requires  them  to  travel  long  distances  in 
order  to  report  to  the  probation  officer,  makes  extremely  diffi- 
cult any  supervision  of  the  offender  in  his  home  by  the  probation 
officer,  and  interferes  with  a  proper  system  of  records.  While 
we  can  understand  the  natural  desire  of  a  magistrate  to  be  ac- 
companied by  a  probation  officer  of  his  own  selection,  we  believe 
this  system  of  rotation  to  be  incompatible  with  any  effective  de- 
velopment of  probation  work  in  these  courts.  This  system  also 
tends  to  convert  probation  officers  into  personal  attendants  of 
the  magistrates. 

The  Commission  regrets  to  report  that  many  magistrates  still 
continue  to  impose  short  sentences,  although  the  natural  effect 
of  the  wise  application  of  the  probation  system  would  be  to 
render  unnecessary,  except  in  rare  cases,  the  use  of  the  short 
sentence  with  its  recognized  evils.  The  practice  of  sending 
offenders  to  prison  for  five  or  ten  days  has  proved  of  little  value 


REPORT  OF  THE  PROBATION  COMMISSION.  51 

either  to  the  offender  or  to  the  State.  Probation,  with,  in  some 
cases,  the  imposition  of  a  fine  to  be  paid  while  on  probation, 
is  the  natural  substitute.  When  the  resources  of  probation  are 
exhausted  the  offender  should  be  committed  to  some  reformatory 
discipline  under  an  indeterminate  sentence;  or  if  an  habitual 
or  incorrigible  offender,  to  some  penal  institution  for  a  con- 
siderable period. 

In  the  Court  of  Special  Sessions  in  the  boroughs  of  Manhattan 
and  the  Bronx,  the  work  is  much  better  organized,  the  selection 
of  offenders  to  be  placed  on  probation  is  much  more  careful  and 
discriminating,  the  records  kept  by  the  probation  officers  are 
more  complete,  the  reports  made  to  the  court  are  more  adequate, 
and  the  oversight  exercised  by  the  probation  officers  is  more 
effective.  We  desire  to  -commend  the  efforts  of  the  justices  of 
this  court  to  establish  an  effective  probation  system  and  (except 
as  to  the  police  officers)  their  choice  of  probation  officers. 

Nevertheless,  there  are  certain  notable  opportunities  for  im- 
provement. These  are,  in  our  opinion,  as  follows: 

1.  The  officers  detailed  from  the  police  force  to  the  Court  of 
Special  Sessions  are  probation  officers  in  name  only,  and  their 
services  are  utilized  only  in  the  investigation  of  the  previous 
history  of  the  offenders  before  they  are  placed  on  probation.     In 
our  opinion,  the  services  rendered  by  these  officers  are  not  of 
great  value,  and  one-half  of  the  amount  paid  for  their  salaries, 
if  applied  to  the  salaries  of  civilian  probation  officers,  who  should 
be  available  for  all  branches  of  probation  w^ork,  would  secure 
far  better  results. 

2.  The  chief  probation  officer  who  has  the  sole  responsibility 
for  the  supervision,  of  male  offenders  on  probation  and  whose 


52  REPORT  OF  THE  PROBATION  COMMISSION. 

salary  is  paid  by  the  Children's  Aid  Society,  divides  his  time 
between  this  work  and  other  important  duties  and  is  conse- 
quently unable  to  exercise  as  adequate  a  supervision  over  the 
probationers  as  is  desirable.  At  the  close  of  1905  he  had  159 
probationers  under  his  care.  His  chief  reliance  must  be  of  neces- 
sity upon  the  weekly  report  made  by  the  offender  to  him.  Ex- 
perience has  fully  demonstrated,  in  our  opinion,  the  fact  that 
the  probation  officer  who  depends  entirely  upon  the  statements 
made  to  him  by  the  offender  upon  a  weekly  visit  may  have  much, 
little,  or  no  real  knowledge  of  the  offender's  manner  of  life. 
While  this  is  fully  realized  by  the  probation  officer  who  tries 
to  visit  the  probationers  as  time  permits,  the  cases  are  so  numer- 
ous that  effective  home  supervision  is  impossible. 

3.  Too  large  a  proportion  of  the  offenders  are  released  on 
suspended  sentence  without  further  oversight,  at  the  end  of  one, 
two,  or  three  months  of  "  parole."  It  is  our  opinion  that  for 
offenses  of  which  this  court  has  jurisdiction,  the  probationer 
should  as  a  rule  remain  under  some  degree  of  oversight  for  a 
period  of  at  least  a  year.  The  combination  of  a  period  of  close 
oversight  by  the  probation  officer  and  frequent  reconsideration  by 
the  court,  followed  by  a  period  of  supervision  by  a  probation  offi- 
cer, with  a  report  to  the  court  at  the  end  of  a  year,  has  much  to 
commend  it.  The  proportion  released  without  this  subsequent 
probationary  oversight,  seems  to  us  much  too  large.  The  use  of 
the  term  "  parole,"  with  relation  to  the  earlier  portion  of  the 
release  under  a  suspended  sentence,  and  the  term  "  probation," 
in  reference  to  the  later  portion  of  such  period,  tends  to  create 
confusion  by  ignoring  the  generally  accepted  use  of  these  words. 

As  to  the  Court  of  General  Sessions  in  Manhattan,  substan- 
tially the  same  is  to  be  said  as  of  the  Court  of  Special  Sessions. 


EEPORT  OF  THE  PROBATION  COMMISSION.  53 

According  to  the  statement  of  the  probation  officer  himself, 
the  number  under  his  care  and  the  extent  of  his  other  work 
(he  being  an  agent  of  the  Prison  Association  with  other  im- 
portant duties)  are  such  as  to  preclude  that  intimate  knowledge 
and  careful  oversight  of  individual  offenders  which  is  the  essen- 
tial and  vital  feature  in  probation  work. 

In  the  County  Court  and  in  the  Court  of  Special  Sessions 
in  Brooklyn,  the  work  done  by  the  probation  officer,  while 
lacking  some  elements  of  organization  and  record  which  are 
desirable,  is  a  highly  courageous  and  well-sustained  effort  to 
look  all  the  facts  squarely  in  the  face  and  achieve  results  of 
permanent  value.  The  success  attained  after  a  long  experience, 
is  undoubtedly  due,  in  large  degree,  to  the  personal  qualities  of 
the  probation  officer,  and  it  is  significant  that  after  his  extended 
experience,  he  regards  a  long  period  of  probation  as  absolutely 
essential,  and  considers  reports  by  offenders  to  a  probation  officer 
as  of  little  value,  compared  with  visits  by  the  probation  officer  to 
the  offender's  home,  and  other  means  of  oversight. 

In  other  portions  of  the  State,  except  in  the  city  of  Roches- 
ter and  in  courts  of  record  in  Broome  and  St.  Lawrence  counties, 
probation  work  for  adults  is  notable  only  for  its  absence.  The 
Commission  is  impressed  with  the  careful  work  done  in  Rochester. 
The  records  kept  of  offenders  for  a  considerable  period  after  their 
conviction,  the  personal  qualifications  and  fitness  of  the  proba- 
tion officers,  and  their  close  supervision  over  those  under  their 
eare,  convince  us  that  the  success  which  has  attended  the  develop- 
ment of  probation  work  for  adults  in  Rochester  can  easily  be 
attained  in  all  parts  of  the  State. 

The  retention  of  the  fee  system  in  connection  with  the  com- 
pensation of  the  sheriff  in  criminal  cases  in  certain  counties 


54  REPORT  OF  THE  PROBATION  COMMISSION. 

of  the  State  and  the  payment  of  a  per  diem  rate  for  the  board 
of  prisoners  while  in  jail,  undoubtedly  tend  to  diminish  the 
number  of  offenders  placed  on  probation  in  those  counties. 

(&)  Juvenile  Probation. 

Manhattan  and  the  Bronx.  In  considering  the  subject  of 
juvenile  probation  in  Manhattan,  it  is  desirable  to  disregard  the 
misleading  distinction  between  the  terms  probation  and  parole  as 
used  in  this  court,  and  to  consider  the  substantial  fact  as  it  exists 
— the  conditional  release  of  the  child  under  oversight.  The  Com- 
mission desires  to  place  on  record  its  appreciation  of  the  valu- 
able cooperation  rendered  by  the  officers  of  the  New  York 
Society  for  the  Prevention  of  Cruelty  to  Children.  In  its  investi- 
gation of  probation  work  in  the  Children's  Court  in  Manhattan, 
the  officers  and  agents  of  that  society  have  been  ready  to  appear 
before  the  Commission  at  all  times  and  produce  any  records  desired, 
to  compile  any  statistics  that  the  Commission  might  request, 
and  in  fact  to  facilitate  in  every  way  the  Commission's  work. 
The  Commission  has  been  impressed  also  with  the  care  with 
which  the  judges  of  the  Children's  Court  in  Manhattan  inquire 
into  the  circumstances  of  children  brought  before  them,  by  the 
fulness  of  the  reports  submitted  by  the  New  York  Society  for 
the  Prevention  of  Cruelty  to  Children,  and  by  the  fact  that  the 
parent  is  required  to  be  present  and  to  render  an  account  for 
his  failure  to  properly  look  after  the  child.  The  Commission 
is  impressed  favorably  also  by  the  careful  attention  given  to  the 
several  cases  by  the  judge  at  the  end  of  the  probation  period  and 
by  the  fact  that  the  parent  is  required  to  appear  in  court  and 
give  his  account  of  the  child's  conduct,  in  addition  to  the  reports 
made  bv  the  society. 


REPORT  OF  THE  PROBATION  COMMISSION.  55 

The  Commission  is  of  the  opinion  that  this  work,  already  de- 
scribed in  this  report  [see  pages  22-28],  is  carried  on  by  the  society 
efficiently;  that  its  cooperation  has  been  of  great  value  to  the 
Children's  Court;  and  that  the  probation  system  as  now  carried 
on  is  an  important  step  in  advance  as  compared  with  conditions 
previously  existing  in  this  city.  It  is  claimed,  however,  both 
by  the  justices  of  this  court  and  by  the  society,  that  this  work 
is  not  probation  work.  This  Commission  is  of  the  opinion  that  it 
possesses  some  of  the  elements  of  probation  work,  but  falls  far 
short  of  being  an  adequate  probation  system,  and  especially  in 
these  particulars: 

1.  The  attitude  of  the  agents  of  the  Society  for  the  Prevention 
of  Cruelty  to  Children  toward  the  children  during  the  period 
of  probation  is  too  largely  that  of  a  dispassionate  observer 
rather  than  of  an  active  friend.  Its  function  is  too  largely  that 
of  securing  information,  rather  than  actively  cooperating  in 
securing  reformation.  There  is  little  or  no  personal  relation 
between  the  agent  of  the  society  and  the  child.  The  visit  to  the 
child's  home  is  apt  to  be  made,  not  immediately  after  the  child's 
release  on  probation  and  for  the  purposes  of  establishing  a 
friendly  and  effective  relation  between  the  probation  officer  and 
the  child,  but  near  the  end  of  the  probation  period,  and  for  the 
purpose  of  ascertaining  what  the  conduct  of  the  child  has  been, 
in  order' that  the  facts  may  be  reported  to  the  judge  and  form 
the  basis  of  his  action.  This  practice  and  attitude  seem  to  us 
to  be  due  principally  to  two  considerations:  First,  the  number 
of  children  is  so  large  that  it  is  substantially  impossible  for  the 
agents  of  the  society  engaged  in  other  multifarious  and  very 
responsible  duties  to  take  an  active  personal  interest  in  each 
child.  The  greater  part  of  their  work  is  of  a  different  character. 


56  REPORT  OP  THE  PROBATION  COMMISSION. 

It  is  that  of  investigation  of  charges  of  cruelty.  It  is  hardly  to 
be  expected  that  in  the  brief  portion  of  their  time  devoted  to  thi» 
work  they  would  readjust  themselves  to  a  quite  different  kind 
of  service.  Furthermore,  the  principal  purpose  of  the  society, 
the  enforcement  of  the  laws  relating  to  children,  seems  to  us  to 
emphasize  activities  which  are  very  different  from,  if  not  in- 
consistent with,  the  underlying  essentials  of  probation  work. 
It  is  but  natural  that  the  chief  executive  officer  of  this  society 
should  regard  fear  as  an  essential  element  of  probation,  and 
should  place  little  stress  upon  the  personal  relation  between  the 
probation  officer  and  the  child,  but  in  this,  his  honest  judgment, 
we  believe  him  to  be  mistaken. 

If  this  society  continues  to  do  the  probation  work  of  the 
Juvenile  Court,  it  is  desirable,  in  our  opinion,  that  it  should 
differentiate  such  work  more  fully  from  the  other  work  of  the 
society,  that  a  sufficient  number  of  officers  should  be  detailed  for 
this  purpose  and  relieved  from  other  duties,  and  that  much 
greater  stress  should  be  laid  upon  the  establishment  of  friendly 
and  helpful  relations  between  such  officers  and  the  children 
under  their  care. 

It  has  been  argued  at  considerable  length  before  this  Commis- 
sion that  the  probation  system  is  unconstitutional,  in  that  it  at- 
tempts to  interfere  with  parental  control  and  authority  without 
due  process  of  law.  The  argument  is  based  in  the  main  upon  the 
use  of  the  word  "  custody,"  occurring  once  in  existing  statutes 
in  connection  with  the  powers  of  courts  in  placing  persons  on 
probation.  In  the  opinion  of  the  counsel  of  this  Commission 
and  of  its  four  members  who  are  lawyers  this  objection  is  not  well 
taken,  although  the  use  of  the  word  "  custody  "  in  this  connection 
is  considered  unfortunate.  It  is  the  opinion  of  this  Commission: 


REPORT  OF  THE  PROBATION  COMMISSION.  57 

that  neither  the  actual  physical  custody  nor  the  guardianship 
of  an  offender  is  or  should  be  imposed  upon  the  probation 
officer.  The  power  of  the  probation  officer  grows  out  of  the  face 
that  a  report  by  him  to  the  court  that  the  offender  is  conducting 
himself  in  an  improper  manner  is  likely  to  result  in  the  rearrest, 
and  possibly  in  the  commitment  of  the  offender.  The  statutes 
would  gain  in  clearness  by  the  elimination  of  the  word  "  custody  " 
and  the  substitution  therefor  of  the  word  "  supervision." 

As  to  the  Children's  Court  of  Brooklyn,  the  Commission  has 
been  especially  impressed  by  the  study  which  has  been  given  ta 
this  subject  by  the  presiding  justice  of  this  court,  by  his  deep 
personal  interest  in  the  individual  cases  coming  before  him,  and 
by  the  care  with  which  he  has  undertaken  to  build  up  a  proba- 
tion system.  Among  those  who  have  contributed  largely  to  the 
development  of  probation  work  for  children  in  this  State, 
Judge  Wilkin  stands  one  of  the  foremost.  He  is  strongly 
impressed  with  the  importance  of  developing  a  system  of  pro- 
bation through  cooperation  with  private  societies.  He  empha- 
sizes the  dangers  of  officialism  and  routine  in  public  work,  and 
values  highly  the  interest  shown  by  private  societies  which  have 
placed  probation  officers  at  the  service  of  the  court,  and  also 
by  volunteers  who  have  assisted.  The  Commission  finds  that 
much  valuable  work  of  a  real  probation  character  has  been  done 
in  connection  with  the  Children's  Court  in  Brooklyn,  but  that 
at  certain  points  the  system  outlined  by  Judge  Wilkin  has  proven 
inadequate.  In  fact,  of  the  three  sources  from  which  he  expected 
to  receive  the  aid  of  a  salaried  probation  officer,  only  one  has 
been  really  effective.  The  Catholic  probation  officer,  a  sal- 
aried representative  of  the  Society  of  St.  Vincent  de  Paul,  has 
given  continuous  and  effective  service  and  has  high  standards 


r>s  REPORT  OF  THE  PROBATION  COMMISSION. 

of  what  probation  work  should  be.  By  reason  of  the  large 
number  of  children  of  that  faith  who  are  placed  under  his  over- 
sight, he  is  not  able  fully  to  realize  those  standards  in  practice. 
He  is  not  able  to  visit  the  homes  of  all  the  children,  nor  in  any 
<:ase  as  frequently  and  regularly  as  is  desirable.  The  Protestant 
agent  first  appointed  was  unable  to  give  a  sufficient  amount  of 
time,  as  he  had  other  important  duties  to  which  he  owed  his  first 
allegiance.  The  Protestant  officer  next  appointed  also  continued 
his  duties  as  a  missionary,  and,  in  our  opinion,  did  not  possess  all 
of  the  personal  qualifications  needed  for  effective  probation  work, 
though  the  excellence  of  his  intentions  and  his  usefulness  as  a  mis- 
sionary are  not  questioned.  The  Jewish  officer  first  appointed 
proved  unsatisfactory  and  the  place  had  not  been  filled  when 
Judge  Wilkin  appeared  before  the  Commission.  Since  that  date 
a  woman  representing  the  Allied  Hebrew  Women's  Clubs  and 
a  man  representing  the  Social  Service  Committee  of  the  Protest- 
ant Episcopal  Church  have  been  appointed. 

The  result  of  these  facts  has  been  that  the  work,  in  the  ab- 
sence of  a  sufficient  number  of  salaried  probation  officers 
from  any  other  source,  has  passed  to  an  increasing  extent  to 
the  Society  for  the  Prevention  of  Cruelty  to  Children.  This 
society  has  recently  placed  a  salaried  woman  probation  officer 
at  the  service  of  the  court. 

In  brief,  then,  the  Brooklyn  court,  though  doing  much  excel- 
lent work,  has  not  been  able  up  to  this  time  to  organize  and 
carry  on  its  probation  work  as  it  would  like  to  do,  because  of 
the  absence  of  a  sufficient  number  of  salaried  probation  officers. 

In  Buffalo  the  situation  is  entirely  different  from  that  in  either 
Manhattan  or  Brooklyn.  The  excellences  and  the  deficiencies 
of  volunteer  work  are  illustrated,  as  also  the  tendency  to  use 


KEPORT  OF  THE  PROBATION  COMMISSION.  50 

the  probation  system,  almost  to  the  exclusion  of  other  methods. 
The  probation  officers  of  the  Juvenile  Court  of  Buffalo  include 
some  of  its  best  citizens — persons  who  for  years  have  been  en- 
gaged in  charitable  and  reformatory  work,  persons  of  college  or 
professional  training,  but  who  also  have  manifold  other  and 
urgent  duties,  who  are  able  to  give  but  a  fraction  of  their  time 
to  probation  work,  who  may  be  tempted  to  assume  duties  which 
they  subsequently  find,  if  properly  performed,  require  a  larger 
portion  of  their  time  than  they  are  able  to  devote  to  them,  and 
who,  by  reason  of  their  preoccupation  in  other  duties  may  hardly 
be  conscious  of  the  fact  that  the  duties  which  they  have  under- 
taken in  this  connection  are  not  performed  with  the  regularity 
and  completeness  which  they  would  recognize  to  be  highly  im- 
portant. The  absence  of  uniform  standards  of  work,  the  absence 
in  some  cases  of  effective  home  supervision  of  children,  the 
more  or  less  perfunctory  reporting  by  the  children,  in  man} 
cases  the  placing  of  so  many  children  under  the  care  of  one  pr< 
bation  officer  that  he  is  unable  to  establish  effective  relations  willi 
them,  must  be  put  down  as  serious  shortcomings  of  probation 
work  for  juvenile  offenders  in  Buffalo. 

The  Commission  also  is  of  the  opinion  that,  in  an  effort 
to  deal  leniently  with  the  juvenile  offender,  Judge  Murphy 
has  released  on  probation  children  who,  for  the  protection  of 
other  children  in  the  community  as  well  as  for  their  own  benefit, 
should  have  Jpeen  subjected  to  the  disciplinary  influences  of  a 
reformatory  institution.  This  we  find  to  be  particularly  true 
in  case  of  children  brought  before  the  court  on  more  than  one 
occasion.  While  probation  is  not  exclusively  for  first  offenders, 
jt  does  not  produce  favorable  results  if  children,  who  have  been 
repeatedly  released  conditionally,  with  the  admonition  that  a 


60  REPORT  OF  THE  PROBATION  COMMISSION. 

repetition  of  the  offense  will  involve  more  drastic  measures,  are- 
still,  upon  subsequent  arrests,  released  as  before. 

If  a  child  while  still  on  probation  commits  a  fresh  offense  with 
impunity,  both  he  and  his  friends  will  consider  probation  little 
more  than  a  farce. 

From  a  statement  furnished  by  the  chief  of  police  it  appears 
that  from  the  establishment  of  the  Children's  Court  in  July  1, 
1901,  to  December  20,  1905,  72  boys  were  arraigned  before  the 
court  three  or  more  times.  It  also  appears  that  11  children  were 
released  on  probation  or  under  suspended  sentence  three  times; 
19,  four  times;  3,  five  times;  and  1,  six  times.  The  following 
cases  are  reported : 

A.  B.,  placed  on  probation  in  Juvenile  Court  five  times :  Septem- 
ber 20,  1901 ;  March  10,  1903 ;  July  5,  1904 ;  March  1,  1905,  and 
March  20,  1905. 

C.  D.,  placed  on  probation  in  Juvenile  Court  five  times:  Octo- 
ber 8,  1901;  November  29,  1901;  July  30,  1903;  April  13,  1904, 
and  November  27,  1904. 

E.  F.,  nine  times  in  Juvenile  Court :  Sentence  suspended  Janu- 
ary 14,  1902;  discharged  May  2,  1902;  placed  on  probation,  July 
31,  1902;  discharged  June  27,  1903;  July  23,  1903,  and  September 
18,  1903;  sentence  suspended  October  5,  1903,  and  December  7, 
1903;  and  sent  to  State  Industrial  School,  April  7,  1904. 

G.  H.,  five  times  in  Juvenile  Court  and  twice  in  Police  Court: 
Sent  to  Protectory,  January  28, 1902 ;  placed  on  probation,  Novem- 
ber 11,  1903;  November  21,  1903,  and  March  16,  1904;  discharged, 
January  18,  1904;  held  for  grand  jury  in  Police  Court,  October 
17,  1904 ;  sent  to  State  Industrial  School,  December  10,  1904. 

I.  J.,  five  times  in  Juvenile  Court  twice  in  Police  Court :  Placed 
on  probation,  February  25,  1902;  March  21,  1904;  April  17,  1904, 
and  June  4,  1904 ;  discharged,  November  25,  1904 ;  held  for  grand 
jury  in  Police  Court,  May  9.  1905,  and  sent  to  State  Industrial 
School,  October  2,  1905. 


REPORT  OF  THE  PROBATION  COMMISSION.  61 

A  third  defect  in  the  Buffalo  probation  system  is  the  absence 
of  a  full  report  to  the  court  and  the  discharge  of  tte  probationer 
at  the  termination  of  the  period  of  probation. 

It  may  well  be  that  if  at  the  end  of  each  probation  period,  the 
probation  officer  had  reported  fully  to  the  judge  the  circumstances, 
surroundings  and  conduct  of  each  child,  he  would  have  adopted  a 
somewhat  more  drastic  policy  in  connection  with  confirmed 
offenders.  If  a  judge  is  to  exercise  increasing  wisdom  and  dis- 
crimination in  the  application  of  the  probation  system,  it  is 
essential  that  he  should  be  informed  of  the  results  of  his  previous 
selection  of  offenders  for  probationary  treatment. 

In  Rochester  there  is  a  combination  of  paid  service  provided 
by  the  Society  for  the  Prevention  of  Cruelty  to  Children  and 
volunteer  service  rendered  by  the  managers  of  that  society,  clergy- 
men and  others.  From  our  examination  of  the  judge  of  the 
juvenile  court  and  of  the  agent  of  the  society,  we  gain  an  im- 
pression that  here  too  the  volunteer  work  has  many  elements 
of  value  but  is  not  entirely  satisfactorily  organized;  that  it  is 
not  easy  to  be  sure  that  the  volunteer  worker  understands  all 
that  the  court  expects  him  to  do  and  that  he  actually  carries 
out  the  wishes  of  the  court.  The  agent  of  the  society  here, 
as  elsewhere,  admits  that  his  other  duties,  previously  assumed, 
are  so  extensive  and  engrossing  that  it  is  not  possible  for  him 
to  carry  on  the  probation  work  in  all  respects  as  he  believes  it 
should  be  carried  on. 

In  Syracuse  too  the  overworked  salaried  agent  of  the  Humane 
Society  finds  himself  unequal  to  the  work  previously  assumed 
and  to  the  additional  work  involved  in  the  adoption  of  the  pro- 
bation system.  As  this  report  goes  to  press  we  are  informed 
that  provision  is  being  made  for  at  least  one  salaried  probation 


62  REPORT  OF  THE  PROBATION  COMMISSION. 

officer  for  children  in  the  Juvenile  Court  of  Syracuse.  We  believe 
this  to  be  in  line  with  the  inevitable  and  logical  development  of 
probation  work. 

In  Utica  there  is  so-called  probation  without  a  probation 
officer.  Truant  officers  exercise  some  supervision  over  truants 
on  probation  (as  they  do  elsewhere),  but  as  there  are  only  two 
truant  officers  for  this  city  of  63;000  people,  they  are  naturally 
unable  to  add  any  considerable  amount  of  probation  work  to 
their  other  duties.  The  action  of  the  judge  in  releasing  a  con- 
siderable number  of  offenders  under  suspended  sentence  is  com- 
mendable, but  its  effectiveness  would,  in  our  opinion,  be  very 
greatly  increased  if  probationary  oversight  were  available  for 
those  so  released. 

In  Schenectady  the  agent  of  the  Humane  Society  is  the  only 
probation  officer.  To  a  greater  extent  than  is  the  case  with 
any  other  representative  of  these  societies  engaged  in  probation 
work,  he  emphasizes  his  personal  acquaintance  with  the  boys 
and  relies  upon  his  personal  influence  as  an  important  factor. 
The  work  in  Schenectady  seems  to  us  to  realize  more  nearly  the 
proper  standards  of  probation  work  than  in  most  other  cities  of 
this  State.  The  visitation  at  the  boys'  home  is  not  as  frequent 
as  the  agent  would  like  to  have  it,  the  court  records  are  not  as 
complete  as  they  should  be,  and  in  our  opinion  the  term  of  pro- 
bation might  profitably  be  extended  somewhat. 

In  Albany  and  Troy  the  probation  work  is  carried  on  by  agents 
of  the  Mohawk  and  Hudson  Kiver  Humane  Society,  is  admittedly 
somewhat  tentative,  but  seems  to  us  to  be  proceeding  in  the  right 
directions.  Friendly  relations  between  the  probation  officer  and 
the  probationer  are  emphasized.  Failure  to  observe  the  terms  of 
probation  is  not  allowed  to  pass  unnoticed ;  visitation  of  the  home 


REPORT  OF  THE  PROBATION  COMMISSION.  63 

is  recognized  as  an  essential  factor.  Here,  as  elsewhere,  how- 
ever, the  agents  of  this  society,  by  reason  of  the  large  amount 
of  work  of  various  sorts  devolved  upon  them,  are  admittedly 
unable  to  visit  the  probationers  in  their  homes,  except  occa- 
sionally, and  hence  are  not  able  to  form  effective  personal 
relations  with  them.  The  term  of  probation  is,  as  a  rule,  some- 
what longer  than  in  most  other  cities.  A  larger  amount  of  paid 
service,  supplemented  by  volunteer  aid  and  a  longer  period  of 
probationary  oversight,  are  desirable. 

SOME  GENEKAL  DEFICIENCIES. 

(a)  Too  indiscriminate  use. 

While  the  probation  system  is  of  undoubted  value  and  ii> 
our  opinion  is  capable  of  much  wider  acceptance  and  more 
extended  use  than  at  present,  in  common  with  other  human 
institutions  it  is  not  free  from  dangers.  These  dangers  arise 
in  the  main  from  a  disposition  to  regard  the  newest  thing  in 
social  advance  as  a  panacea,  and  consequently  to  apply  it  with- 
out due  discrimination.  Probation  is  a  valuable  institution; 
but  it  is  not  in  all  cases,  even  of  juvenile  offenders,  a  proper 
substitute  for  commitment.  To  fail  to  place  the  offender  under  a 
vigorous  corrective  discipline  when  such  course  is  clearly  indi- 
cated by  the  circumstances  of  the  offense  and  the  previous  char- 
acter and  present  disposition  of  the  offender,  is  an  evil  only  less 
serious  than  to  imprison  the  offender  when  the  circumstances 
would  justify  his  release  upon  probation. 

(~b)  Attenuated  probation. 

The  probation  system  may  easily  become  so  attenuated  as  to  be 
of  little  value  If  the  probation  officer  has  an  excessively  large 


64  KEPORT  OF  THE  PROBATION  COMMISSION. 

number  of  persons  under  his  care  and  consequently  does  not  keep 
informed  in  regard  to  their  conduct  and  habits,  if  he  fails  to  visit 
them  at  their  homes  or  places  of  employment  and  relies  solely 
upon  their  occasional  visits  to  him,  or  even,  as  in  some  cases,  on 
written  reports  or  information  that  may  reach  him  accidentally,  it 
is  evident  that  probation  has  lost  its  meaning,  and  that  we  can- 
not expect  it  to  effect  any  change  in  the  point  of  view  or  habits  of 
the  offender.  The  returns  from  the  probation  system  in  the 
form  of  actual  improvement  or  reformation  in  the  habits  and 
character  of  the  offenders  will  be  in  strict  proportion  to  the 
amount  of  intelligence,  energy,  thought,  time,  care,  personal  in- 
fluence, and  moral  suasion  put  into  the  probation  work  by  those 
who  administer  it. 

The  probationary  oversight  of  juvenile  offenders  should  in- 
clude full  knowledge  of  all  the  important  factors  in  the  child's 
life  affecting  his  conduct.  It  should  certainly  include  full  knowl- 
edge of  his  home  surroundings;  of  the  training  received  in  the 
home;  of  his  attendance  at  school  and  his  aptitude  shown  in  his 
school  work ;  of  his  forms  of  recreation ;  of  his  religious  training. 
It  should  also  include  that  which  is  very  frequently  overlooked 
tmt  is,  nevertheless,  of  the  highest  importance — a  careful  physical 
examination  of  the  child  by  a  competent  physician.  Such  an 
examination  will  often  bring  to  light  defect  of  the  senses,  or 
other  abnormal  physical  conditions  easily  susceptible  of  remedy, 
which  have  a  marked  bearing,  if  not  a  determining  effect,  upon 
the  child's  conduct. 

(c)  Too  short  a  period  of  probation. 

It  is  self-evident  that  a  period  of  one,  two  or  three 
months  is  far  too  short  to  accomplish  permanent  results  in 


REPORT  OF  THE  PROBATION  COMMISSION.  65 

changing  the  habits,  attitude,  environment  and  character  of  an 
offender.  In  fact,  he  would  naturally  require  comparatively 
little  observation  during  this  period,  for  the  shock  of  the  arrest, 
trial  and  conviction  is  still  fresh  in  his  mind,  and  he  is  little 
likely  to  repeat  at  once  the  offense  which  brings  in  its  train  these 
undesirable  consequences.  It  is  when  the  shock  of  these  things 
has  passed  and  they  become  less  distinct  and  less  constantly  in 
mind,  and  when  the  force  of  old  temptations  is  renewed,  that  the 
offender  requires  the  guidance,  counsel,  moral  support,  confidence 
and  aid  of  a  wise  and  discreet  friend  such  as  the  probation  officer 
ought  to  be.  We  are  strongly  of  the  opinion  that  the  minimum 
term  of  probation  should  be  longer  and  the  average  term  consid- 
erably longer  than  is  now  usually  the  case  and  that  only  in  this 
manner  will  the  real  difficulties,  as  well  as  the  real  possibilities, 
of  the  system  be  discovered.  The  present  system  ascertains  prac- 
tically only  the  conduct  of  the  offender  during  a  short  period 
after  his  conviction.  It  withdraws  the  steadying  influence  of 
probationary  oversight  just  at  a  time  when  it  is  most  needed. 
In  Massachusetts  and  in  New  Jersey  experience  leads  to  the 
belief  that  for  adults  the  minimum  period  of  oversight  should 
be  one  year.  In  Indianapolis  and  elsewhere  the  same  is  found 
true  in  regard  to  juvenile  offenders. 

(d)     No  penalty  for  unsatisfactory  behavior  on  probation. 

In  many  cases  probation  is  little  more  than  a  suspended  sen- 
tence, with  the  incidental  advantage  of  oversight  and  admonition 
on  the  part  of  the  probation  officer,  but  without  any  recourse  to 
severer  measures  if  these  admonitions  are  not  heeded.  If  the 
probation  officer  allows  a  probationer  to  disregard  his  instruc- 
tions with  impunity,  or  if  the  judge  fails  to  support  the  probation 


66  REPORT  OF  THE  PROBATION  COMMISSION. 

officer  in  requiring  observance  on  the  part  of  the  probationer  of 
the  terms  and  conditions  of  his  release,  the  whole  system  of 
probation  will  fall  into  disrepute.  Where  the  behavior  on  pro- 
bation is  unsatisfactory,  the  probationer  should  be  called  inta 
court  for  a  sharp  rebuke  and  warning,  or  for  sentence. 

(e)    Probationary  oversight  should  accompany  suspension  of 

sentence. 

The  Commission  is  impressed  by  the  fact  that  in  very  many 
cases  sentence  is  suspended  after  conviction,  but  the  offender  is 
released  without  any  probationary  oversight,  and  with  no  pro- 
vision for  information  as  to  his  subsequent  conduct  being  brought 
to  the  notice  of  the  court.  This  has  been  the  case,  both  in  courts 
in  which  there  are  probation  officers,  and  in  those  in  which  no 
such  officers  have  been  appointed.  No  doubt  there  are  instances 
in  which  the  mitigating  circumstances  are  such  that  the  exercise 
of  a  close  supervision  by  a  probation  officer  would  be  undesirable, 
but  after  careful  consideration,  this  Commission  is  strongly  of 
the  opinion  that  when  the  evidence  has  resulted  in  the  actual 
conviction  of  an  offender,  if  he  is  to  be  released  under  a  suspended 
sentence,  there  should  always  be  sufficient  probationary  oversight 
to  inform  the  court  from  time  to  time,  as  to  his  subsequent  con- 
duct. The  offender  has  been  given  his  liberty  upon  the  pre- 
sumption That  he  will  not  abuse  the  leniency  of  the  court.  The 
court  should  know  whether  such  proves  to  be  the  case.  In  this 
connection  it  should  be  borne  in  mind  that  the  court  itself  has 
full  power  to  fix  the  terms  and  conditions  of  the  probation  for 
each  individual  offender ;  that  there  is  nothing  in  the  law  requir- 
ing the  probationer  to  report  to  the  probation  officer,  or  the  pro- 
bation officer  to  visit  the  home  of  the  offender;  and  that  in  a 


REPORT  OF  THE  PROBATION  COMMISSION.  67 

particular  case  the  precise  form  of  supervision  may  be  pre- 
scribed bv  the  court. 

The  Commission  therefore  recommends  that  probationary  over- 
sight shall  be  required  in  all  cases  of  suspended  sentence. 

In  the  prosecution  of  their  necessary  inquiries,  facts  frequently 
come  to  the  knowledge  of  probation  officers  which  have  no  direct 
bearing  upon  the  particular  oft'ense  for  which  the  offender  is 
under  custody,  and  which,  if  made  public,  might  do  him  great 
and  unnecessary  harm.  The  Commission  has  therefore  thought 
it  wise  to  provide  that  probation  officers  shall  not  communicate 
to  other  persons  information  obtained  in  the  discharge  of  their 
duties,  except  by  the  consent  of  the  proper  authorities,  and  that 
the  records  of  probationers  shall  not  be  made  public  except  in 
accordance  with  rules  and  regulations  established  in  a  city  by  a 
municipal  probation  commission,  and  in  a  county,  by  the  county 
judge. 

ff)     Evasion  of  probation  ~by  change  of  residence. 

It  has  come  to  the  notice  of  the  Commission  that  probationers 
are  frequently  lost  sight  of  by  reason  of  change  of  residence  and 
very  often  remove  from  one  city  to  another,  such  removal  being 
very  possibly  for  the  purpose  of  avoiding  the  oversight  of  the  pro- 
bation officer  by  escaping  from  the  jurisdiction  of  the  court.  Thus, 
of  the  143  persons  released  under  suspended  sentence  in  the 
county  court  of  Monroe  from  May  6,  1901,  to  August  19,  1905,  a 
report  compiled  at  the  latter  date  shows  that  twenty-five  had  left 
the  city.  The  Commission  believes  that  every  opportunity  for 
avoiding  or  evading  probationary  oversight  on  the  part  of  those 
released  under  suspended  sentence,  tends  to  bring  the  probation 


68  REPORT  OF  THE  PROBATION  COMMISSION. 

system  into  disrepute,  and  to  decrease  that  wholesome  respect 
for  the  law  which  should  be  the  natural  result  of  an  arrest  and 
conviction. 

The  Commission  therefore  recommends  that  probationers  re- 
moving from  one  city  or  county  to  another  city  or  county  within 
the  State,  shall  be  placed  under  the  supervision  of  the  probation 
officer  of  the  city  or  county  to  which  they  remove,  for  the 
remainder  of  the  probationary  term. 

(g)    Absence  of  organization. 

0 

The  underlying  weakness  of  the*  probation  system  as  established 
in  this  State  in  1901  and  as  now  conducted,  is  to  be  found,  in 
the  opinion  of  this  Commission,  in  the  very  large  number  of 
courts  possessing  the  power  of  appointment  of  probation  officers, 
and  in  the  absence  of  any  supervision,  coordination  or  organiza- 
tion of  the  work  of  probation  officers,  except  such  as  may  be 
exercised  by  the  courts  to  which  they  are  attached.  There  are 
practically  as  many  systems  of  probation  as  there  are  courts 
using  the  probation  law.  There  is  no  comprehensive  defini- 
tion of  probation  in  the  statutes,  nor  are  the  duties  of  a  pro- 
bation officer  in  relation  to  persons  placed  on  probation  sug- 
gested, excepting  that  he  is  to  furnish  each  probationer  with 
a  written  statement  of  the  terms  and  conditions  of  his  pro- 
bation and  is  to  report  to  the  court  or  magistrate  appointing 
him  any  violation  of  such  terms  and  conditions.  Each  court  in 
the  State  having  summary  jurisdiction  of  criminal  offenses — 
and  this  includes  every  police  court  and  every  justices 
court — is  authorized  and  in  fact  directed  to  appoint 
probation  officers.  Each  court  is  authorized  to  impose  such 
terms  and  conditions  as  it  may  deem  advisable  in  regard 


REPORT  OF  THE  PROBATION  COMMISSION.  69 

to  each  offender,  and  each  probation  officer,  unless  otherwise 
instructed  by  the  court,  must  adopt  such  methods  of  administer- 
ing his  probationary  duties  as  seem  to  him  desirable.  The  natural 
result  of  this  is  that  there  is  the  widest  possible  variety  in  regard 
to  every  feature  of  the  system.  The  amount  of  work  to  be  done 
in  the  majority  of  these  courts  is  not  sufficient  to  attract 
serious  attention,  nor  to  result  in  the  development  of  a  plan  of 
organization  likely  to  secure  reasonably  harmonious  and  effective 
work.  Nor,  in  the  opinion  of  this  Commission,  is  it  possible  for 
the  courts  appointing  probation  officers  to  exercise  a  sufficient 
degree  of  supervision  over  the  relations  of  such  probation  officer-' 
to  the  probationers  under  their  care.  .  The  court  must  pass  on  to 
the  trial  of  new  cases.  The  overcrowding  of  the  court  calendars 
is  a  matter  of  common  knowledge.  If  an  offender  is  committed 
to  an  institution,  the  court  is  not  charged  with  any  responsibility 
for  the  administration  of  the  institution  to  which  the  prisoner 
is  sent.  If  the  prisoner,  on  the  other  hand,  is  released  under 
a  suspended  sentence,  it  is  not  reasonable  to  expect  the  court  to 
be  able  to  exercise  full  continuous  responsibility  for  the  super- 
vision and  oversight  of  the  probation  officers  charged  with  the 
duty  of  looking  after  offenders  under  this  less  severe  method  of 
discipline.  The  system  of  rotation  on  the  part  of  the  magistrates 
and  judges  from  one  court  to  another,  or  of  rotation  in  service 
in  the  same  court,  adds  greatly  to  the  difficulty  of  developing  a 
satisfactory  supervision  of  probation  work  by  the  courts 
alone.  This  Commission  has  no  desire  to  diminish  in  any 
degree  the  present  interest  taken  by  certain  of  the  judges  and 
magistrates  in  the  work  of  their  probation  officers.  On  the  con- 
trary, it  would  be  glad  to  see  a  more  general  interest  on  the  part 
of  the  courts,  but  it  is  fully  satisfied  that  when  the  courts  have 


70  REPORT  OF  THE  PROBATION  COMMISSION. 

done  their  full  duty  and  have  done  all  that  it  is  possible  for  them 
to  do,  there  still  remains  a  pressing  necessity  for  oversight, 
supervision,  study  and  development  of  probation  work  as  a  sys- 
tem of  oversight  of  offenders  not  committed  to  a  penal  or  reforma- 
tory institution,  but  nevertheless  undergoing  reformatory  disci- 
pline. 

We  believe,  therefore,  that  -the  number  of  persons  charged 
with  the  duty  of  appointing  probation  officers  should  be  greatly 
diminished;  that  the  oversight  of  probationers  should  be  placed 
in  the  hands  of  those  who  can  give  substantially  uninterrupted 
attention  to  such  work,  and  that  there  should  be  built  up,  in 
addition  to  the  work  of  the  courts,  supplementary  thereto  and 
working  in  close  harmony  therewith,  what  may  properly  be 
called  a  probation  system,  by  which  the  problems  of  probation 
may  receive  the  study,  supervision  and  constant  revision  and 
improvement  that  are  secured  for  reformatory  institutions  by 
the  boards  of  managers  and  executive  officials  thereof.  We  there- 
fore recommend  that  in  each  city  of  the  first  and  second  classes 
the  appointment  of  probation  officers  be  placed  in  the  hands  of 
an  unpaid  probation  commission  and  elsewhere  in  the  hands  of 
the  county  judge.  This  would  reduce  the  number  of  authorities 
authorize  to  appoint  probation  officers  from  some  three  thousand 
to  about  seventy. 

The  Commission  is  of  the  opinion  that  there  is  not  likely  to 
be  an  effective  probation  system  in  any  city  unless  and  until 
there  is  a  considerable  body  of  public  opinion  informed  as  to  the 
meaning  and  value  of  probation,  and  a  number  of  citizens  who 
are  willing  to  become  publicly  identified  with,  and  responsible 
for,  such  work ;  who  in  turn  will  create  and  extend  public  opinion 
in  its  favor,  demand  higher  and  higher  standards  in  its  adminis- 


REPORT  OF  THE>  PROBATION  COMMISSION.  71 

tration,  and  protect  it  from  improper  influences.  It  is  not  a  prob- 
lem which  requires  primarily  administrative  capacity,  as  does 
the  work  of  most  city  departments,  but  is  essentially  a  human 
problem,  involving  many  delicate  and  difficult  factors  and  requir- 
ing for  its  successful  development  a  wide  range  of  knowledge 
and  experience,  breadth  of  view,  constant  revision  of  method  and 
intimate  relations  with  other  agencies  for  social  improvement 
in  each  locality.  For  these  reasons,  the  Commission  regards 
as  its  most  important  recommendation  the  suggestion  that 
in  each  city  of  the  first  and  second  classes  there  shall  be 
appointed  an  unpaid  board  of  probation  commissioners  who  shall 
have  substantially  the  powers  of  a  board  of  directors,  in  relation 
to  probation  officers  and  probation  work.  In  such  a  board,  we 
are  convinced,  there  will  be  found  the  required  combination  of 
organization  and  flexibility,  with  opportunity  for  necessary 
growth.  It  will  have  full  authority  to  retain  all  the  valued 
features  of  probation  work  as  thus  far  developed  in  particular 
courts,  and  gradually  to  add  thereto  the  features  indicated  in 
this  report  as  essential  to  a  well-rounded  probation  system. 

In  the  opinion  of  this  Commission,  it  is  clearly  desirable  that 
probationers  should  be  placed  under  the  supervision  of  probation 
officers  of  their  own  sex,  except  that  boys  under  the  age  of  four- 
teen may  often  be  placed  under  the  care  of  women  probationers 
with  good  results. 

(h)     State  oversight  needed. 

For  many  years  it  has  been  the  settled  policy  of  this  State  to 
exercise  central  supervision  over  all  charitabfe  and  reformatory 
agencies  having  any  connection  with  public  authority.  By  the 
-collection  of  statistics  and  other  information  in  regard  to  the 


72  EEPORT  OF  THE  PROBATION  COMMISSION. 

work  of  such  agencies,  by  inspection  from  time  to  time  by 
accredited  representatives  of  the  State,  by  formal  investigation 
when  abuse  has  been  suspected,  by  formal  recommendations,  en- 
forced, in  some  instances,  by  formal  orders,  the  State  has  under- 
taken to  bring  something  like  harmony,  unity  and  consistency 
into  its  charitable  and  reformatory  work.  The  results  achieved 
by  the  State  Board  of  Charities,  .the  State  Commission  in  Lunacy 
and  the  State  Prison  Commission  in  their  respective  fields  have, 
in  the  opinion  of  this  Commission,  more  than  justified  this  settled 
policy  of  the  State. 

We  are,  therefore,  strongly  of  the  opinion  that,  while  probation 
work  must  always  be  permitted  a  considerable  degree  of  flexi- 
bility to  meet  local  conditions  and  individual  needs,  there  should 
be  provided,  nevertheless,  some  form  of  central  oversight.  This 
should  involve  the  collection  of  information  in  regard  to  the 
extent  to  which  probation  is  utilized  in  different  portions  of  the 
State  from  time  to  time,  the  manner  in  which  probation  work  is 
carried  on,  and  the  value  of  the  results  secured.  It  should  in- 
clude the  authority  to  make  formal  and  detailed  investigations 
of  probation  work  in  any  given  court  or  locality,  when  such  is 
deemed  advisable ;  it  should  provide  for  the  making  of  suggestions 
to  the  Legislature  from  time  to  time  for  the  improvement  of  the 
probation  system,  and  for  recommendations  from  time  to  time 
to  public  authorities,  judicial  and  executive,  concerned  in  the 
administration  of  probation ;  it  should  involve  the  promotion  of 
probation  work  in  those  localities  in  which  it  is  not  availed  of; 
in  short,  it  should  involve  the  performance  by  some  central 
authority,  from  time  to  time,  of  the  work  which  this  special 
Commission  has  carried  on  during  the  past  few  months. 


REPORT  OF  THE  PROBATION  COMMISSION.  73 

The  question  as  to  the  proper  constitution  of  such  a  State 
supervisory  body  has  been  given  careful  consideration.  The 
work  is  in  many  respects  similar  to  that  carried  on  by  the  State 
Board  of  Charities  in  its  supervision  of  reformatories  for  juvenile 
offenders,  and  for  women.  It  has  some  points  of  contact  with 
the  work  of  the  State  Prison  Commission.  The  creation  of  a 
new  body,  to  be  known  perhaps  as  a  "  State  Probation  Commis- 
sion "  naturally  suggested  itself,  and  some  members  of  the  Com- 
mission have  felt  that  a  body  created  for  this  specific  purpose 
would  secure  more  valuable  results  than  any  existing  agency  of 
the  State  government. 

The  Commission  is  aware,  however,  of  the  inadvisability  of 
increasing  the  number  of  permanent  commissions  except  when  no 
other  course  seems  to  have  a  possibility  of  securing  the  desired 
results.  The  State  Board  of  Charities  is  a  constitutional  body, 
representative  of  all  portions  of  the  State,  and  experienced  in 
dealing  with  many  phases  of  charitable  and  reformatory  work. 
The  Commission  is  of  the  opinion  that  the  general  oversight  of 
probation  work  throughout  the  State  may  properly  be  placed  in 
its  hands. 

The  Commission  deems  it  essential  that  this  work  should  not 
be  merged  with  the  other  varied  and  extensive  duties  of  the  State 
Board  of  Charities,  but  should  be  organized  as  a  separate  bureau 
or  department  of  that  board,  under  the  direction  of  a  special 
committee  thereof,  and  with  its  own  executive  staff  under  the 
direction  of  a  competent  chief  executive  officer,  to  be  known  as 
the  "  Superintendent  of  Probation." 


74  REPORT  OF  THE  PROBATION  COMMISSION. 

SELECTION  OF  PROBATION  OFFICERS. 

(a)   Volunteer  and  salaried  probation,  officers. 

The  question  as  to  whether  probation  officers  should  be  volun- 
teers, i.  e.,  persons  not  receiving  salaries  either  from  public  funds 
or  charitable,  civic  or  other  organizations,  or  persons  receiving 
salaries  from  such  organizations,  or  persons  who  are  public  offi- 
cials in  every  sense  of  the  word,  'is  fundamental  and  is  one  con- 
cerning which  conflicting  opinions  are  strongly  held.  While  the 
shock  caused  by  arrest,  trial  and  conviction  and  the  fear  of  im- 
prisonment are  important  factors  in  probation,  the  most  impor- 
tant factor  is  the  influence  of  the  probation  officer.  The  other 
factors  simply  provide  conditions  under  which  that  influence 
may  hope  to  be  effective.  It  is  of  the  first  importance,  therefore, 
that  probation  officers  should  be  persons  who  are  likely  to  exer- 
cise a  strong  and  helpful  influence  upon  offenders  —  in  other 
words,  they  should  be  persons  of  absolute  integrity,  of  intelli- 
gence, of  humane  sentiments,  of  sound  judgment,  and  of  unques- 
tioned devotion  to  their  work. 

To  these  qualities  two  others  should  be  added  to  complete  the 
ideal  probation  officer  —  a  wide  range  of  training  in  social  work, 
including  a  thorough  knowledge  of  the  laws  enacted  for  the  pro- 
tection of  society  and  for  promoting  the  welfare  of  its  less 
fortunate  members,  and  a  thorough  acquaintance  with  the  agen- 
cies established  for  the  administration  of  those  laws;  and 
secondly  the  wisdom  gathered  from  extended  experience  in  the 
work  itself.  Probation  is  in  some  respects  unlike  any  other 
social  work.  While  other  lines  of  experience  may  be  useful,  it 
is  from  his  or  her  own  extended  experience  in  probation  work 
that  the  probation  officer  must  gain  wisdom  and  sound  judgment 
iis  to  methods  and  results  if  he  gain  them  at  all. 


REPORT  OF  THE  PROBATION  COMMISSION.  75 

Some  have  held  that  only  volunteers  should  be  appointed  as 
probation  officers,  believing  that  only  from  volunteers  can  all 
these  desirable  qualities  be  expected.  This  position,  in  our 
opinion,  is  based  upon  two  fallacies  —  first,  that  it  is  unreason- 
able to  expect  to  find  such  qualities  among  paid  workers;  and, 
second,  that  volunteers  are  likely  to  be  able  to  give  sufficient 
continuity  to  their  probation  work  to  achieve  the  best  results.  It 
is  the  opinion  of  this  Commission  that  the  element  of  salary  has 
no  necessary  connection  with  the  quality  of  a  probation  officer's 
work,  and  that  all  the  desirable  qualities  above  referred  to  are 
to  be  found  both  among  volunteer  workers  and  among  paid 
workers. 

The  volunteer  worker,  endowed  with  the  qualities  above  noted, 
if  fortunately  in  a  position  to  give  a  fair  amount  of  time,  with 
reasonable  continuity,  and  if  willing  to  prepare  for  such  work 
by  a  thorough  course  of  training,  may  easily  become  an  ideal 
probation  officer.  Our  investigations,  however,  lead  us  to  believe 
that  in  all  the  larger  centers  of  population,  i.  e.,  in  this  State  in 
all  cities  of  the  first  and  second  classes  and  in  counties 
containing  a  city  of  more  than  25,000  inhabitants,  the 
amount  of  probation  work  to  be  done  is  so  great  that  volun- 
teer service  alone  is  inadequate.  For  its  proper  perform- 
ance in  any  one  of  these  larger  centers  of  population  it 
involves  a  carefulness  of  organization  and  an  absence 
from  interruption  which,  in  our  opinion,  cannot  be  realized  from 
volunteer  work  alone.  The  largest  experiment  in  this  direction 
has  been  made  in  the  city  of  Buffalo,  in  which  probation  work  has 
hitherto  been  carried  on  wholly  by  volunteers.  While  much 
valuable  work  has  been  done,  it  seems  to  be  the  uniform  opinion 
of  all  concerned,  including  the  judge  of  the  court  and  the  volun- 


76  EEPORT  OF  THE  PROBATION  COMMISSION. 

teer  probation  officers,  that  there  should  hereafter  be  at  least  one 
paid  probation  officer  in  general  direction  of  the  work.  Such 
we  find  to  have  been  the  case  in  other  cities  in  this  country.  So 
far  as  we  have  been  able  to  ascertain,  wherever  probation  work 
has  been  developed  to  any  considerable  extent,  it  has  uniformly 
been  found  essential  to  provide  paid  service  in  addition  to  what- 
ever volunteer  service  is  available.  A  paid  worker  can  organize 
and  direct  the  work  of  the  volunteers,  and  can  also  interest 
additional  volunteers  in  the  work. 

(~b)    Selection  of  paid  probation  officers. 

The  method  of  selection  of  paid  probation  officers  becomes, 
therefore,  a  crucial  matter.  If  the  success  of  probation  work 
depends  upon  the  qualifications  of  the  probation  officers,  and  if 
we  must  have  salaried  probation  officers  in  order  to  secure 
effective  work,  then  the  process  of  selecting  those  paid  probation 
officers  involves  the  success  or  failure  of  the  system.  Salaried 
probation  officers  are  now  provided  in  part  by  charitable 
societies,  civic  organizations  and  similar  bodies,  and  in  part 
by  salaries  from  the  public  treasury.  In  a  few  instances  the 
societies  providing  such  officers  receive  appropriations  from  the 
public  treasury;  in  other  cases  they  are  supported  by  private 
contribution. 

The  societies  which  at  various  times  have  provided  the  ser- 
vices of  salaried  probation  officers,  including  the  New  York 
and  Brooklyn  Societies  for  the  Prevention  of  Cruelty  to  Children, 
the  Children's  Aid  Society,  the  Prison  Association,  the  Educa- 
tional Alliance,  the  local  division  of  the  National  Council  of 
Jewish  Women,  the  District  Prison  Association,  the  Society  of 
St.  Vincent  de  Paul,  and  perhaps  others,  and  have  performed 
a  valuable  public  service  in  so  doing. 


REPORT  OF  THE  PROBATION  COMMISSION.  77 

In  the  opinion  of  the  Commission  it  is  unsafe  to 
rely  upon  salaried  probation  officers  provided  by  private 
organizations,  as  a  permanent  and  sufficient  form  of  or- 
ganization. In  the  beginnings  of  the  system  there  are 
doubtless  advantages  in  the  acceptance  of  such  offers 
from  private  organizations,  but  we  find  that  elsewhere,  as  the 
task  becomes  larger  and  as  the  first  enthusiasm  begins  to  wane, 
there  is  a  tendency  for  these  organizations  to  relieve  themselves 
of  the  burden.  This  may  be  accomplished  either  by  securing 
the  appointment  of  probation  officers  receiving  salaries  from 
public  sources,  or  by  securing  subsidies  from  the  public  treasury 
for  the  societies  providing  such  officers. 

There  are  certain  disadvantages  in  the  use  of  probation  officers 
receiving  salaries  from  private  organizations.  Such  officers  are 
not  fully  responsible  to  the  court;  their  time  is  not  so  com- 
pletely at  the  service  of  the  court;  they  cannot  be  so  readily 
disciplined;  they  are  liable  to  be  drawn  upon  for  other  work, 
and  in  such  cases  must  feel  their  first  responsibility  to  the  society 
which  provides  their  salaries.  The  trend  appears  to  be  generally, 
throughout  the  country,  toward  the  administration  of  probation 
work  by  probation  officers  appointed  as  public  officials  wholly 
responsible  to  the  public  authorities  and  receiving  their  salaries 
from  the  public  treasury. 

The  process  of  selection  of  such  officers  becomes  therefore  of 
the  first  importance.  There  are  several  possibilities.  The  ap- 
pointment may  be  vested  in  the  court  or  in  some  other  local 
authority  without  restriction.  The  appointment  may  be  vested 
in  the  court  or  other  local  authority,  subject  to  approval  by 
some  central  authority,  as  in  Colorado.  Or,  finally,  the  appoint- 
ment may  be  made,  by  whatever  authority,  from  an  eligible 


78  REPORT  OF  THE  PROBATION  COMMISSION. 

list  established  as  the  result  of  an  open  competitive  examination. 
The  practicability  of  the  competitive  examination  for  the  selec- 
tion of  probation  officers  is  a  subject  to  which  this  Commission 
has  given  its  most  careful  consideration. 

(c)    Competitive  examination  for  probation  officers. 

The  Constitution  of  the  State  of  New  York  (article  5,  section 
9)  reads  as  follows: 

§  9.  Civil  service  appointments  and  promotions. — Appointments 
and  promotions  in  the  civil  service  of  the  state,  and  of  all  the 
civil  divisions  thereof,  including  cities  and  villages,  shall  be  made 
according  to  merit  and  fitness  to  be  ascertained,  so  far  as  prac- 
ticable, by  examinations,  which,  so  far  as  practicable,  shall  be 
competitive;  *  *  * 

Under  this  provision,  and  the  legislation  enacted  for  its 
enforcement,  salaried  positions  in  the  classified  civil  service  in 
this  State  are  placed  automatically  in  the  competitive 
class,  and  can  only  be  filled  as  the  result  of  competitive  exam- 
ination, unless  and  until  affirmative  action  for  their  exemption 
is  taken.  In  New  York  City  such  action  must  be  taken 
by  the  Municipal  Civil  Service  Commission,  with  the 
approval  of  the  State  Civil  Service  Commission;  the  only  reason 
adequate  for  such  exemption  that  can  be  urged  is  that  a  com- 
petitive examination  is,  for  the  particular  position  in  question, 
impracticable.  Aside  from  the  constitutional  requirement,  it  is 
evident  that  in  the  absence  of  any  restrictions,  personal  and 
political  considerations  will  in  some  cases,  and  in  certain  of 
the  courts,  enter  into  the  selection  of  salaried  probation  officers. 

The  impracticability  of  competition  for  a  given  place  may  be 
urged  either  upon  a  priori  considerations  as  to  the  nature  of 
the  position,  or  upon  the  results  of  actual  experience.  The 


REPORT  OP  THE  PROBATION  COMMISSION.  79 

latter  consideration  is,  in  our  opinion,  far  more  conclusive  than 
the  former.  Unfortunately,  however,  there  are  not  available  at 
this  time  in  the  history  of  probation  in  this  State  or  elsewhere, 
sufficient  data  for  determining  the  practicability  of  competition 
in  the  selection  of  probation  officers,  by  actual  experience.  The 
results  of  the  only  competitive  examination  which  has  been  held 
for  the  position  in  this  State  have  not,  at  this  date,  been  made 
public.  Some  light,  however,  is  shed  upon  the  subject  by  the 
experience  of  Illinois. 

In  the  Juvenile  Court  of  Cook  County,  after  the  probation  sys- 
tem had  been  administered  for  several  years  by  a  combination  of 
volunteer  service  with  paid  service,  the  salaries  being  contributed 
by  private  funds,  it  was  decided  that  the  probation  officers  should 
be  paid  from  the  public  treasury.  The  county  service  being  classi- 
fied in  Cook  county,  the  practicability  of  the  civil  service  exam- 
ination had  immediately  to  be  considered.  After  consideration 
it  was  decided  to  make  an  effort  to  fill  the  position  by  competi- 
tion. An  examination  was  held  for  the  positions  of  probation 
officer  and  chief  probation  officer  in  September,  1905.  As  a 
result  of  these  examinations  eligible  lists  for  these  positions  were 
established,  from  which  appointments  have  been  made. 

Several  facts  pertaining  to  these  examinations  are  worthy  of 
careful  note.  In  framing  the  questions  for  the  examination  and 
in  rating  the  answers  of  the  applicants,  the  Civil  Service  Com- 
mission called  to  its  assistance  experts  familiar  with  the  history 
of  the  Juvenile  Court  and  closely  in  touch  with  its  work.  The 
questions  were  aimed  to  test  not  only  the  knowledge  of  the 
applicants,  but  their  judgment  on  questions  relating  to  pro- 
bation and  on  one  or  more  hypothetical  cases.  As  a  result  of 
the  examination,  of  the  17  persons  who  had  been  serving  as 


80  REPORT  OF  THE  PROBATION  COMMISSIONS 

salaried  probation  officers  (salaries  being  paid  from  private 
sources)  12  secured  places  upon  the  eligible  list,  which  per- 
mitted their  appointment  on  the  new  basis,  while  5  failed  to 
secure  places  upon  the  list.  The  gentleman  who  had  been 
acting  as  chief  probation  officer,  whose  selection  had  been  with- 
out restriction,  stood  at  the  head  of  the  eligible  list  as  the 
result  of  the  competitive  examination,  a  result  which  would 
seem  to  justify  both  the  original  selection  of  the  judge  and  the 
adequacy  of  the  examination. 

From  the  best  information  we  can  gather,  the  results  of  the 
examination  for  probation  officer  and  for  chief  probation  officer 
in  the  Chicago  Juvenile  Court  appear  to  have  been  satisfactory 
to  those  who  have  the  welfare  of  that  court  at  heart.  While 
there  have  been  difficulties  to  be  overcome,  both  in  connection 
with  the  examination  and  with  the  subsequent  appointments  and 
division  of  the  work,  none  of  these  difficulties  have  been  insuper- 
able and  the  competitive  system  seems  to  have  firmly  established 
itself  in  Cook  county  as  a  proper  and  efficient  method  for  the 
selection  of  salaried  probation  officers. 

The  fact  that  the  Chicago  experiment  seems  to  have  been  rea- 
sonably satisfactory  raises  the  presumption  that  a  similar  plan 
is  practicable  elsewhere.  It  does  not  conclusively  demonstrate 
this,  however,  as  the  Chicago  examination  was  not  only  pre- 
pared by  experts,  but  also  had  to  do  only  with  candidates  for  the 
position  of  probation  work  for  juvenile  offenders.  The  selection 
of  probation  officers  for  adults  is,  in  our  opinion,  more  difficult 
than  the  selection  of  such  officers  for  children.  Furthermore,  the 
actual  operations  of  probation  work  in  the  Juvenile  Court  of 
Chicago,  with  salaried  probation  officers  selected  from  a  competi- 


REPORT  OF  THE  PROBATION  COMMISSION.  81 

tive  list,  has  been  in  operation  for  too  short  a  term  to  afford 
opportunity  for  a  final  judgment  as  to  the  results. 

The  principal  a  priori  arguments  against  the  position  of  pro- 
bation officer  in  the  competitive  class  are  first,  that  the  probation 
officer  sustains  a  confidential  relation  to  the  court;  second,  that 
the  qualifications  of  a  desirable  probation  officer  are  of  such  a 
nature  that  they  cannot  be  definitely  tested  by  a  written  examina- 
tion. 

As  to  the  former  of  these  contentions,  this  Commission  is  not 
of  the  opinion  that  the  relation  between  the  probation  officer  and 
the  court  is  or  should  be  confidential  in  the  sense  of  being  personal 
of  private.  A  probation  officer  of  long  experience  and  of  special 
qualifications  for  the  position  (Mrs.  Ada  Eliot-Sheffield),  em- 
phasizes the  fact  that  the  relations  between  the  court  and  the 
probation  officer  may  easily  become  too  confidential,  and  that 
the  action  of  the  judge  should  be  based  upon  reports  by  the  pro- 
bation officer  which  are  publicly  and  openly  stated,  except  in  these 
comparatively  rare  cases  in  which  such  publicity  would  work 
unnecessary  hardship  to  the  prisoner.  The  relation  between  the 
court  and  the  probation  officer  should  be  confidential  in  the  sense 
that  the  court  should  have  great  confidence  in  the  integrity  and 
judgment  of  the  probation  officer.  We  are  unable  to  see,  however, 
that  this  is  different  in  any  essential  particular  from  the  degree  of 
confidence  which  persons  holding  other  important  public  positions 
should  have  in  their  immediate  assistants,  many  of  whom  are 
chosen  from  eligible  lists.  The  argument  for  the  exemption  of  the 
position  of  probation  officer  on  the  ground  of  its  confidential  char- 
acter does  not  seem  to  us  to  be  well  taken. 

The  second  consideration,  that  the  qualifications  of  a  successful 

probation  officer  are  such  as  cannot  be  adequately  tested  by  a  com- 
6 


82  REPORT  OF  THE  PROBATION  COMMISSION. 

petitive  examination  is,  in  our  opinion,  more  serious.  While 
certain  qualifications — knowledge  of  the  law,  for  instance — can 
easily  be  tested  by  written  examination,  the  usefulness  of  the 
probation  officer,  his  real  effectiveness  in  dealing  with  offenders^ 
will  depend  most  of  all  upon  his  own  personality.  The  manner, 
refinement,  aptitude  and  force  of  character  and  other  personal 
qualities  of  the  officer  will  largely  determine  his  usefulness.  It 
certainly  is  impossible  to  test  these  adequately  by  written  exam- 
ination. 

The  Commission  has  been  strongly  impressed  by  the  testimony 
given  by  the  chief  examiner  of  the  State  Civil  Service  Commission 
as  to  the  method  by  which  competitive  examinations  have  been 
conducted  by  that  Commission  for  certain  positions  in  State 
charitable  institutions  which  have  some  features  in  common  with 
the  position  of  probation  officer.  For  these  positions  the 
written  examination  has  been  wholly  omitted,  or  counted  as 
only  a  small  factor  in  the  result.  The  examiners  have  per- 
sonally interviewed  each  candidate  in  the  presence  of  a  stenogra- 
pher, questioning  him  in  regard  to  pertinent  matters,  forming 
an  opinion  as  to  his  personal  qualities,  and  have  conducted  in- 
quiries by  correspondence  with  previous  employers,  and  other 
sources  of  information;  and  on  the  basis  of  all  these  consider- 
ations have  given  the  candidate  a  rating  which  determines  his 
position  upon  an  eligible  list.  The  assistance  of  experts,  having 
special  knowledge  of  the  subject,  has  been  secured.  In  a  notable 
instance,  the  examination  for  State  librarian,  the  ratings  were 
made  by  the  librarian  of  Columbia  University  and  the  librarian 
of  the  Congressional  Library.  While  this  system  assumes  com- 
plete integrity  on  the  part  of  the  examiners,  because  it  permits 
the  identitv  of  the  candidate  to  be  known  to  them,  and  therefore 


KEPORT  OF  THE  PROBATION  COMMISSION.  83 

opens  greater  possibilities  of  abuse  than  the  written  examination 
(which  is  not  wholly  free  from  such  possibilities),  it  does  take 
into  account  the  very  important  factors  of  personal  qualifications 
which  the  written  examination  cannot  reach. 

In  New  York  city  provision  was  made  in  1904  for  salaries  for 
probation  officers  in  the  magistrates  courts,  by  the  Board  of 
Estimate  and  Apportionment  but  inasmuch  as  the  position  had 
not  been  classified  in  the  exempt  class,  the  salaries  could  not  be 
paid  unless  and  until  the  appointments  were  made  from  an  eligible 
list  or  the  position  exempted  from  competition.  The  Municipal 
Civil  Service  Commission  adopted  a  resolution  placing  the  posi- 
tion of  probation  officer  in  the  exempt  class.  After  consideration 
of  the  subject  for  some  time,  the  State  Civil  Service  Commission, 
whose  approval  is  required  to  make  the  resolution  effective,  dis- 
approved the  resolution,  partly,  at  least,  for  the  reason  that 
the  investigation  being  made  by  this  Commission  would  naturally 
include  a  study  of  this  subject. 

While  this  Commission  was  conducting  its  inquiries,  the  Mu- 
nicipal Civil  Service  Commission,  at  the  request  of  the  city  mag- 
istrates of  the  Second  Division,  conducted  a  noncompetitive 
examination  for  probation  officer  under  the  provisions  of  Rule 
12,  Paragraph  3  of  the  Civil  Service  Rules  of  New  York  city. 
Under  this  rule,  in  the  absence  of  an  eligible  list,  the  candi- 
dates may  be  appointed  after  a  noncompetitive  examination  for 
a  period  not  to  exceed  sixty  days  and  not  more  than  ten  days 
beyond  the  date  on  which  an  eligible  list  shall  be  established.  , 
Shortly  thereafter  it  announced  a  competitive  examination  for 
the  position  of  probation  officer  and  special  parole  officer,  to 
be  held  on  February  9th.  This  Commission  addressed  a  com- 


84  REPORT  OF  THE  PROBATION  COMMISSION. 

munication  to  the  Municipal  Civil  Service  Commission  suggest- 
ing that  inasmuch  as  this  Commission  would  shortly  submit  a 
report  to  the  Legislature  upon  the  methods  of  selecting  pro- 
bation officers  and  would  doubtless  propose  legislation  on  the 
subject,  the  competitive  examination  for  the  position  should  be 
postponed.  This  the  Municipal  Commission  declined  to  do.  This 
Commission  thereupon  addressed  a  communication  to  the 
Municipal  Civil  Service  Commission  recommending  that  the  pro- 
posed examination  be  in  part  at  least  oral  in  order  to  take 
into  account  the  personality  of  the  candidates,  and  that  the 
assistance  of  experts  be  secured  in  framing  the  questions  and 
rating  the  answers.  Neither  of  these  suggestions  was  accepted 
by  the  Municipal  Civil  Service  Commission.  The  examination 
was  held  on  the  date  announced;  some  five  hundred  candidates 
took  the  examination.  The  papers  will  not  be  rated  and  the 
results  made  known  until  some  time  after  this  report  is  sub- 
mitted. We  desire  to  place  on  record  our  conviction  that  a  com- 
petitive examination  held  as  this  one  was  held  does  not  afford 
a  fair  test  of  the  qualifications  of  the  candidates,  nor  a  fair  test 
of  the  practicability  of  a  competitive  examination  for  this  posi- 
tion. We  have  therefore  included  in  our  proposed  legislation  a 
provision  that,  at  the  request  of  the  Municipal  Probation  Com- 
mission of  the  city  of  New  York,  any  eligible  list  in  existence  at 
any  time  within  one  month  after  the  appointment  of  such  Com- 
mission, shall  be  canceled  by  the  Municipal  Civil  Service  Com- 
mission, and  that  in  all  future  examinations  for  this  position  due 
weight  shall  be  given  to  the  personality  of  the  candidates  by  the 
medium  of  an  oral  examination,  and  that  the  assistance  of 
experts  shall  be  secured  in  the  framing  of  questions  and  the 
rating  of  answers. 


REPORT  OF  THE  PROBATION  COMMISSION.  85 

To  sum  up,  this  Commission  is  of  the  opinion  that  a  written 
examination  alone  affords  a  very  inadequate  test  of  the  qualifica- 
tions of  probation  officers,  and  that  a  written  examination  con- 
ducted by  examiners  who  have  had  neither  practical  experience 
nor  extended  knowledge  of  probation  work,  is  almost  certain  to 
result  unfavorably.  The  Commission  is  of  the  opinion  that  a  fair 
test  should  be  made  of  the  practicability  of  selecting  salaried  pro- 
bation officers  by  competitive  examination,  such  examination 
being  held  on  the  lines  above  indicated,  namely  that  the  assist- 
ance of  persons  having  extended  knowledge  of  the  principles  and 
practice  of  probation  work  be  secured  and  that  the  examination 
be  in  part  at  least  oral,  so  as  to  take  account  of  the  personality 
and  aptitude  of  the  candidates.  If  after  a  fair  trial  of  the  com- 
petitive system  as  above  outlined  it  shall  be  found  that  the  result- 
ing eligible  lists  are  not  of  such  character  as  to  be  generally 
regarded  as  satisfactory  by  those  who  are  concerned  in  the 
development  of  probation  work,  the  Commission  believes  that 
there  should  then  be  no  hesitation  in  exempting  the  position.  If 
after  a  fair  test  the  competitive  examination  is  found  to  be  im- 
practicable, it  is  better,  in  our  opinion,  to  run  the  risk  of  partisan 
or  personal  appointments  than  to  invite  the  certainty  of  failure 
by  making  necessary  the  appointment  from  an  eligible  list  of  per- 
sons who  do  not  possess  proper  qualifications  for  probation  work. 
In  case  probation  officers  are  not  selected  as  the  result  of 
competitive  examination,  the  Commission  believes  that  such  ap- 
pointments should  be  subject  to  approval  by  some  State  author- 
ity. In  Colorado,  appointments  of  salaried  probation  officers  by 
local  authorities,  are  subject  to  the  approval  of  the  State  Board 
of  Charities.  This  provision  appears  to  have  worked  satisfac- 
torily for  that  State,  and  we  recommend  its  adoption,  in  case 


86  REPORT  OF  THE  PROBATION  COMMISSION. 

it  should  be  found  impracticable  after  fair  trial  to  make  such 
appointments  from  eligible  lists  prepared  as  the  result  of  a 
properly  conducted  competitive  examination. 

RECOMMENDATIONS. 

The  recommendations  of  the  Commission,  based  upon  the  con- 
ditions of  fact  set  forth  in  this  report  and  the  opinions  expressed 
above  as  to  the  merits  and  defects  of  existing  practices,  are  as 
follows : 

1.  That  in  each  city  of  the  first  class  there  shall  be  established 
an  unpaid  Probation  Commission  in  general  charge  of  probation 
work  within  such  cities,  each  such  Board  to  have  the  power  of 
appointment   and   removal   of   probation   officers,    salaried   and 
otherwise,  and  to  have  authority  to  establish  general  rules  and 
regulations   concerning   the    duties   of   probation    officers;    such 
general  rules  and  regulations,  however,  not  to  supersede  in  any 
particular  case  any  terms  or  conditions  imposed  by  the  court 
in  suspending  sentence  in  that  particular  case. 

2.  That  the  Probation  Commission  in  the  city  of  New  York 
shall  consist  of  seven  members,  appointed  by  the  mayor,  for  terms 
of  one,  two,  three,  four,  five,  six  and  seven  years,  with  subse- 
quent appointments  for  terms  of  seven  years  each.     That  the 
presidents  of  the  New  York  Society  for  the  Prevention  of  Cruelty 
to  Children,  Brooklyn  Bureau  of  Charities,  Society  of  St.  Vincent 
de  Paul,  United  Hebrew  Charities,  and  New  York  Prison  Asso- 
ciation shall  submit  a  list  of  names  to  the  mayor  of  not  less 
than  twice  the  number  of  places  to  be  filled,  from  which  such 
appointments  may  be  made. 

3.  That  in  the  city  of  Buffalo  the  Probation  Commission  shall 
consist  of  five  members;  that  the  presidents  of  the  Society  of 


REPORT  OF  THE  PROBATION  COMMISSION.  87 

St.  Vincent  de  Paul,  Federated  Jewish  Charities,  and  Charity 
Organization  Society  shall,  jointly  submit  a  list  of  names  of  not 
less  than  twice  the  number  of  places  to  be  filled,  from  which 
such  appointment  may  be  made. 

4.  That  the  mayor  of  each  city  of  the  second  class  shall  appoint 
an  unpaid  Probation  Commission  of  five  members,  appointments 
being  made  for  terms  of  one,  two,  three,  four  and  five  years,  and 
subsequent  appointments   for   five  years. 

5.  That  each  Probation  Commission  in  a  city  of  the  first  class 
shall  appoint  two  chief  probation  officers,  one  of  whom  shall  be 
the  chief  probation  officer  for  adult  probationers,  and,   under 
the  general  direction  of  the  Probation  Commission,  shall  have 
general  charge  of  the  work  of  all  other  probation  officers  in  such 
•city  having  adult  probationers  under  their  supervision;  and  the 
other  of  whom  shall  be  the  chief  probation  officer  for  juvenile 
probationers,  and,  under  the  general  direction  of  the  Probation 
Commission,  shall  have  general  charge  of  the  work  of  all  other 
probation  officers  in  such  city  having  juvenile  probationers  under 
their  charge;  and  as  many  salaried  assistant  probation  officers  in 
each  department  as  it  may  deem  necessary.     That  the  salaried 
probation  officers  appointed  for  audit  probation  work  shall,  while 
so  assigned,  receive  under  their  supervision  only  adult  proba- 
tioners, and  that  the  salaried  probation  officers  appointed  for 
juvenile  probationers  shall,  while  so  assigned,  receive  under  their 
care  only  juvenile  probationers. 

6.  That  each  Probation  Commission  in  a  city  of  the  first  class 
shall  have  power  to  appoint  and   remove   volunteer  probation 
officers  who  may  be  agents  of  the  Societies  for  the  Prevention  of 
Cruelty  to  Children  or  Humane  Societies,  or  officers  or  agents 


88  KEPORT  OF  THE  PROBATION  COMMISSION. 

of  any  charitable  or  benevolent  institution,  society  or  association, 
or  private  citizens. 

7.  That  in  cities  of  the  second  class  each  Probation  Commis- 
sion shall  have  power  to  appoint  and  remove  a  salaried  chief  pro- 
bation officer,  and  may  appoint  salaried  assistant  probation  offi- 
cers, and  may  also  appoint  unpaid  probation  officers  who  may 
be  officers  of  Societies  for  the  Prevention  of  Cruelty  to  Children 
or  of  any  charitable  or  benevolent  institution,  society  or  associa- 
tion,  or   private   citizens:    Provided,   however,   that   any    such 
Board,  in  its  discretion,  may  appoint  two  salaried  chief  proba- 
tion officers,  one  of  whom  shall  have  general  charge  of  the  pro- 
bation work  for  adults  and  the  other  of  probation  work   for 
children. 

8.  That  in  all  counties  not  containing  a  city  of  the  first  or 
second  class,  the  county  judge  shall  appoint  a  probation  officer; 
that  in   such   counties,   containing  a  city  of  more  than  25,000 
inhabitants,  such  probation  officer  shall  receive  a  salary  to  be 
fixed  by  the  county   judge  but  not  to  be   less   than  f 600   per 
annum  nor  more  than  $1,200  per  annum;  that  in  other  counties 
the  county  judge  shall  determine  whether  the  probation  officer 
shall  receive  a  salary,  and  if  a  salary  is  paid,  shall  fix  the  amount 
thereof,  but  not  to  exceed  $600  per  annum.     This  will  require 
salaried  probation  officers  in  the  counties  of  Broome,  Cayugar 
Chautauqua,    Chemung,   Dutchess,    Jefferson,    Niagara,   Orange,, 
and  Ulster,  containing  the  following  cities,  respectively :   Bing- 
hamton,  Auburn,  Jamestown,  Elmira,  Poughkeepsie,  Watertown* 
Niagara  Falls,  Newburgh  and  Kingston,  all   of  which,  accord- 
ing to  the  State  census  of  1905,  have  a  population  in  excess  of 
25,000.     That  the  county  judge  shall  have  authority  to  appoint 
unpaid  probation  officers,  who  may  be  private  citizens  or  officers 


REPORT  OP  THE  PROBATION  COMMISSION.  89^ 

of  a  Society  for  the  Prevention  of  Cruelty  to  Children  or  Humane 
Society,  or  of  an  incorporated  charitable  or  benevolent  institu- 
tion, society,  or  association,  or  private  citizens;  that  the  proba- 
tion officer  or  officers  so  appointed  in  a  county  not  containing  a 
city  of  the  first  or  second  class  shall  act  as  such  for  all  parts  of 
the  county,  and  for  all  courts  within  the  county. 

9.  That  as  to  those  portions  of  counties  containing  a  city  of 
the  first  or  second  class,  outside  the  limits  of  such  cities,  the 
county  judge  shall  be  authorized  to  appoint  one  or  more  proba- 
tion officers  therefor,  and  the  members  of  the  board  of  super- 
visors outside  of  the  limits  of  such  city  shall  be  authorized, 
in   their  discretion,   to   provide   a   salary   for  one   or  more   of 
such  probation  officers  and  to  fix  the  amount  or  amounts  thereof ; 
and  that  probation  officers  so  appointed  shall  act  as  such  for 
all  probationers  residing  in  such  counties  outside  the  limits  of 
such  cities. 

10.  That  in  releasing  an  offender  on  probation  the  court  shall 
not  be  required  to  determine  the  terms  and  conditions  under 
which  such  offender  is  released,  but  shall  be  permitted  to  do  so. 

11.  That  whenever  an  offender  is  released  under  a  suspended 
sentence,  he  shall  be  placed  under  the  supervision  of  a  probation 
officer. 

12.  That  the  minimum  term  of  probationary  oversight  of  chil- 
dren, unless  sooner  terminated  by  reason  of  misbehavior,  shall  be 
three  months. 

13.  That  the  minimum  term  of  probationary  oversight  of  adults, 
unless  sooner  terminated  by  reason  of  misconduct,  shall  be  three 
months,  except  in  the  case  of  felonies,  in  which  cases  the  minimum 
term  of  probationary  oversight  shall  be  one  year. 

14.  That  the  word  "  custody,"  used  in  the  existing  statutes  in 


90  REPORT  OF  THE  PROBATION  COMMISSION. 

relation  to  the  power  of  probation  officers  concerning  proba- 
tioners under  their  charge,  be  eliminated,  and  the  word  "  super- 
vision "  be  substituted  therefor. 

15.  That  whenever  a  person  under  probation  shall  remove  to 
another  city  or  county  within  the  State,   the  probation  officer 
under  whose  supervision  he  was  placed  shall   report  the  facts 
to  the  State  Board  of  Charities;  and  that  the  State  Board  of 
Charities  shall   thereupon   report  the   facts  to   the  appropriate 
probation  officer  of  the  city  or  county  to  which  the  probationer 
has  removed,  and  that  the  said  probation  officer  so  informed  shall 
thereupon  exercise  supervision  over  such  probationer  during  the 
remainder  of  the  term  for  which  he  was  placed  on  probation. 

16.  That  whenever  a  person  is  discharged  from  probation  there 
shall  be  entered  in  the  record  of  the  court  a  statement  as  to 
whether  such  person  observed  the  terms  and  conditions  of  his 
release  and  as  to  his  general  conduct  during  such  term  of  pro- 
bation. 

17.  That  the  State  Board  of  Charities  shall  be  charged  with  the 
general    supervision   of   probation   work   throughout   the   State, 
being  given  authority  to  collect  statistics  in  relation  thereto,  to 
require   reports   from   probation   commissions   and   from   proba- 
tion officers,  to  conduct  investigations  into  the  work  of  any  such 
Commission  or  officer,  to  submit  recommendations  from  time  to 
time  to  the  Legislature  concerning  probation  work,  such  super- 
vision to  be  exercised  by  that  Board  through  a  bureau  to  be 
created  for  that  purpose;  that  all  municipal  probation  commis- 
sions shall,  within  five  days  after  each  meeting,  send  a  copy  of 
the  minutes  thereof  to  the  State  Board  of  Charities,  and  such 
other  reports  from  time  to  time  as  the  State  Board  of  Charities 
may  require. 


REPORT  OF  THE  PROBATION  COMMISSION.  91 

18.  That  in  the  conduct  of  competitive  examinations  for  pro- 
bation officers,  persons  having  extended  knowledge  of  the  prin- 
ciples and  actual  operations  of  probation  work  be  secured  as 
assistants  in  the  framing  of  questions  and  the  rating  of  replies 
of  candidates;  that  such  examinations  shall  be,  in  part  at  least, 
oral,  and  shall  take  into  account  the  personal  characteristics  of 
the  candidates. 

19.  That  reasonable  efforts  shall  be  made  by  competitive  exam- 
inations of  the  character  above  described,  to  provide  suitable 
eligible  lists  from  which  there  may  be  appointed  as  salaried  pro- 
bation officers  persons  well  qualified  for  probation  work. 

20.  That  if  after  reasonable  effort  has  been  made  to  select 
probation  officers  by  a  competitive  examination  on  the  plan  above 
described,  it  shall  be  found  that  the  eligible  lists  resulting  from 
such  examinations  do  not  make  possible  the  appointment  of  per- 
sons well  qualified  for  probation  work,  the  position  of  probation 
officer  be  placed  in  the  exempt  class,  appointments  to  that  posi- 
tion to  be  made  subject  to  the  approval  of  tlje   State   Board 
of  Charities. 

21.  That  legislation  be  enacted  enabling  the  city  of  New  York 
to  pay  the  salaries  of  probation  officers  who  have  regularly  served 
as  such  in  the  magistrates'  courts  of  the  city  of  New  York  from 
on  or  about  April  1,  1905,  till  such  time  as  appointments  made 
on  the  plan  above  set  forth  shall  have  been  made,  but  not  later 
than  September  1,  1906,  and  also  enabling  the  said  city  to  pay  the 
salaries  of  probation  officers  regularly  serving  as  such  in  the 
courts  of  special  sessions  of  the  city  of  New  York  from  January 
1,  1906,  until  such  time  as  the  appointment  of  probation  officers 
for  such  courts  shall  have  been  made  on  the  plan  above  set  forth, 
\>ut  not  later  than  September  1,  190f 


92  REPORT  OF  THE  PROBATION  COMMISSION. 

22.  That  no  member  of  a  police  force  shall  be  employed  as  a 
probation  officer. 

The  above  recommendations,  in  so  far  as  they  may  be  appro- 
priately carried  into  effect  by  legislation,  are  embodied  in  bills 
transmitted  herewith.* 

All  of  which  is  respectfully  submitted. 

HOMER  FOLKS,  Chairman. 

FREDERIC  ALMY, 
SAMUEL  J.  BARROWS, 
HOWARD  S.  GANS, 
DENNIS  MCCARTHY, 

CHAS.  F.  McKENNA, 
MARCUS  STINE, 
LAWRENCE  VEILLER. 

We  concur,  except  that  we  favor  State  supervision,  oversight,, 
and  control  by  a  separate  unsalaried  State  Board  of  Probation. 

CAROLINE  McPHAIL  BERGEN, 
ROGER   P.   CLARK, 
HOWARD  R.  BAYNE, 
FRANCES  A.  KELLOR, 
JANE  L.  ARMSTRONG, 
ALICE  L.  WOODBRIDGE. 

*  See  Appendix  A.     p.  93. 


APPENDIX  A. 


Legislation    Recommended    by    the    Probation    Commission. 


Including:  • "«  j 

1.  Proposed  general  probation  law,  p.  94. 

2.  Proposed  amendment  to  Greater  New  York  Charter,  p.   110. 

3.  Proposed  amendment  to  Penal  Code,  p.  113. 

4.  Proposed  amendment  to  Greater  New  York  Charter,  p.  114. 

5.  Proposed  amendments  to  Code  of  Criminal  Procedure,  p.    115. 

6.  Proposed  amendment  to  the  Charter  of  Buffalo,  p.  119. 

7.  Proposed  legislation   authorizing   payment  of   back    salaries,   p.    120. 


AN  ACT. 

In  relation  to  probation  in  the  state  of  New  York,  constituting 
chapter  fifty-two  of  the  general  laws. 


AN  ACT  in  relation  to  probation  in  the  state  of  New  York,  con- 
stituting chapter  fifty-two  of  the  general  laws. 

The  People  of  the  State  of  New  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows: 

Section  1.  Short  title;  chapter  fifty-two;  the  probation  law. — 
This  chapter  shall  be  known  as  the  probation  law\ 

§  2.  Definitions  and  meaning  of  terms  in  this  chapter. 

1.  The  term  "  state  board  "  means  the  state  board  of  charities. 

2.  The  term    "  municipal   commission "   means   the   municipal 
probation  commisision  of  a  city. 

3.  The  term  u  probationer  "  means  the  person  who  has  been 
placed  under  the  supervision  of 'a  probation  officer. 

4.  The  term  kk  adult "  means  any  person  of  the  age  of  sixteen 
years  and  over,  and  the  term  "  juvenile  "  means  any  person  under 
the  age  of  sixteen  years. 

5.  The  term  "  court "  includes  a  judge  or  magistrate  of  any 
court  of  the  state  having  criminal  jurisdiction. 

§  3.  Supervision  by  state  board  of  charities. — The  state  board 
of  charities  shall  exercise  a  general  supervision  over  the  probation 
system  and  probation  work  throughout  the  state,  and  endeavor 
to  secure  uniformity  in  the  operation  of  such  system.  It  shall 
investigate  the  proceedings  of  all  municipal  commissions  and 
of  probation  officers,  and  inquire  into  their  conduct  and  efficiency. 


96  KEPORT  OF  THE  PROBATION  COMMISSION. 

It  shall  see  to  the  enforcement  of  the  probation  law  by  resorting 
to  appropriate  remedies  therefor,  and  to  proceedings  for  the 
punishment  of  those  who  violate  its  provisions;  and  shall  make 
investigations  from  time  to  time  concerning  probation  methods 
throughout  the  state  looking  to  the  improvement  and  develop- 
ment of  the  probation  system ;  and  shall  make  and  enforce  suita- 
ble rules  and  regulations  carrying  into  effect  the  powers  con- 
ferred upon  it  by  the  provisions  of  this  act.  It  shall  preserve 
the  records  of  its  investigations  and  official  actions,  collect  sta- 
tistical information  as  to  the  probation  system,  and  include  in  its 
annual  report  to  the  legislature  a  statement  showing  its  proceed- 
ings undr-r  this  act  and  the  practical  effect  thereof,  with  any 
suggestions  or  recommendations  it  may  approve  for  the  more 
effectual  accomplishment  of  the  general  purposes  of  this  act. 
Said  board  in  the  discharge  of  its  duties  shall  have  access  to  all 
public  offices  and  records  in  the  state,  or  any  civil  division 
thereof,  at  all  reasonable  hours.  It  shall  have  power  to  subpoena 
and  require  the  attendance  in  this  state  of  witnesses,  and  the 
production  of  books  and  papers  pertinent  to  the  investigation 
and  supervision  hereby  authorized,  and  to  examine  them  in  rela- 
tion to  any  matter  which  it  is  empowered  to  investigate;  and 
for  such  purposes  it  shall  possess  all  powers  conferred  by  legis- 
lative law  on  a  committee  of  the  legislature  or  by  the  code  of 
civil  procedure  upon  a  board  or  committee,  and  may  invoke  the 
power  of  any  court  of  record  in  the  state  to  compel  the  attendance 
and  testifying  of  witnesses,  and  the  production  of  books  and 
papers  as  aforesaid.  All  such  witnesses  shall  be  entitled  to  the 
same  fees  as  are  paid  witnesses  in  courts  of  record;  such  fees 
need  not  be  prepaid,  however,  but  the  state  comptroller  shall 
draw  his  warrant  for  the  payment  of  the  amount  thereof  when 


REPORT  OF  THE  PROBATION  COMMISSION.  9V 

the  same  shall  have  been  certified  to  him  by  the  president  of  said 
board,  and  duly  proved  by  affidavit  to  the  satisfaction  of  the 
comptroller. 

§  4.  The  state  board  shall  establish  a  special  department,  to 
be  known  as  the  department  of  probation,  which  department, 
under  the  direction  of  the  board,  shall  attend  to  the  work  devolved 
upon  the  board  pursuant  to  the  provisions  of  this  act.  The  said 
board  shall  employ  a  chief  executive  officer  of  the  said  department, 
who  shall  be  known  as  the  superintendent  of  probation,  and  who 
shall  receive  a  salary  at  the  rate  of  not  less  than  three  thousand 
dollars  a  year;  a  stenographer  and  such  other  employees  as  may 
be  necessary  in  the  conduct  of  the  business  of  such  department. 
The  duties  of  such  executive  officer  and  other  employees  shall 
be  designated  by  said  board.  The  said  board  shall  provide  for  the 
necessary  and  reasonable  traveling  expenses  of  the  members  of 
said  department  and  of  the  employees  thereof.  Such  salaries  and 
expenses  shall  be  paid  by  the  treasurer  on  the  warrant  of  the 
comptroller. 

§  5.  Rooms  and  accommodations  for  investigations. — It  shall 
be  the  duty  of  the  proper  board  of  officers  of  the  state  of  New 
York,  or  of  any  civil  division  thereof,  at  any  place  where  investi- 
gations are  directed  by  the  state  board  to  be  held,  to  allow  the 
reasonable  use  of  public  buildings  under  their  control,  and  to 
heat  and  light  the  same  for  holding  such  investigations,  and  in 
all  proper  ways  to  facilitate  the  same. 

§  6.  Municipal  commissions. — The  mayor  of  each  city  of  the 
first  and  second  class  shall  appoint,  within  thirty  days  after  the 
passage  of  this  act,  a  commission  to  be  known  as  the  municipal 
probation  commission  of  that  city,  to  serve  without  salary  or 

-compensation  of  any  kind.     The  terms  of  office  of  each  member 

7 


98  REPORT  OF  THE  PROBATION  COMMISSION. 

of  such  commission  shall  expire  on  the  thirty-first  of  December. 
Except  in  the  city  of  New  York,  such  commission  shall  consist  of 
five  members,  and  the  terms  for  which  they  shall  be  appointed 
shall  be  respectively  one,  two,  three,  four  and  five  years,  to  be  fixed 
by  the  mayor  at  the  time  of  appointment,  and,  as  the  terms  of 
the  commissioners  first  appointed  expire,  their  successors  shall 
be  appointed  within  thirty  days  thereafter  by  the  mayor  for 
a  term  of  five  years  each.  All  vacancies  occurring  from  whatso- 
ever cause  shall  be  filled  as  soon  as  practicable  thereafter  by  the 
mayor  for  the  unexpired  term. 

§  7.  In  the  city  of  New  York  the  commission  shall  consist  of 
seven  members,  and  the  terms  for  which  they  shall  be  appointed 
shall  be  respectively  one,  two,  three,  four,  five  six  and  seven  years, 
to  be  fixed  by  the  mayor  at  the  time  of  appointment,  and,  as  the 
terms  of  the  commissioners  first  appointed  expire,  their  successors 
shall  be  appointed  within  thirty  days  thereafter  by  the  mayor  for 
a  term  of  seven  years  each.  All  vacancies  occurring  from  what- 
soever cause  shall  be  filled  as  soon  as  practicable  thereafter  by 
the  mayor  for  the  unexpired  term.  For  the  purpose  of  making 
such  appointments  in  the  city  of  New  York,  including  the  first 
and  all  subsequent  appointments  the  mayor  of  the  city  shall 
request  the  president  or  other  executive  officer  of  each  of  the 
following  organizations,  to  wit:  The  Brooklyn  bureau  of  chari- 
ties, the  New  York  society  for  the  prevention  of  cruelty  to  chil- 
dren, the  prison  association  of  New  York,  the  united  Hebrew 
charities,  and  the  society  of  Saint  Vincent  de  Paul  in  the  city  of 
New  York,  to  present  a  list  of  not  less  than  twice  the  number 
of  persons  to  be  appointed  members  of  said  municipal  commission. 
Notice  in  writing  of  the  dates  on  which  appointments,  including 


REPORT  OF  THE  PROBATION  COMMISSION.  99 

the  first,  to  said  municipal  commission  are  proposed  to  be  made, 
shall  be  given  by  the  mayor  to  each  of  said  presidents  or  other 
executive  officers  at  least  fifteen  days  prior  thereto,  and  such  list 
of  names  shall  be  so  presented  within  ten  days  after  the  receipt 
of  such  notice.  Said  presidents  or  other  executive  officers  may 
jointly  submit,  or  each  may  submit,  or  two  or  more  of  them 
may  jointly  submit,  such  a  list  of  names.  Appointments  to  said 
municipal  commission  may,  in  the  discretion  of  the  mayor,  be 
made  from  such  list  or  lists. 

§  8.  For  the  purpose  of  making  the  appointments  aforesaid  in 
the  city  of  Buffalo,  the  mayor  of  said  city  shall  request  the  presi- 
dent or  other  executive  officer  of  each  of  the  following  organiza- 
tions, to  wit :  The  charity  organization  society,  the  society  of 
Saint  Vincent  de  Paul  in  the  city  of  Buffalo,  and  the  federated 
Jewish  charities,  to  present  a  list  of  not  less  than  twice  the  num- 
ber of  persons  to  be  appointed  members  of  said  municipal  commis- 
sion. Notice  in  writing  of  the  dates  on  which  appointments,  in- 
cluding the  first,  to  said  municipal  commission  are  proposed  to  be 
made,  shall  be  given  by  the  mayor  to  each  of  said  presidents  or 
other  executive  officers  at  least  fifteen  days  prior  thereto,  and 
such  list  of  names  shall  be  so  presented  within  ten  days  after  the 
receipt  of  such  notice.  Said  presidents  or  other  executive  officers 
may  jointly  submit,  or  each  may  submit,  or  two  or  more  of  them 
may  jointly  submit,  such  a  list  of  names.  Appointments  to  said 
municipal  commission  may,  in  the  discretion  of  the  mayor,  be 
made  from  such  list  or  lists. 

§  9.  In  making  the  first  appointments,  pursuant  to  the  three 
preceding  sections  of  this  act,  the  unexpired  portion  of  the  pres- 
ent year  following  the  passage  of  this  act,  shall  be  regarded  as 
one  vear. 


100  REPORT  OF  THE  PROBATION  COMMISSION. 

§  10.  Failure  on  the  part  of  any  member  of  the  municipal 
commission  to  attend  five  consecutive  meetings  of  the  commission 
during  any  calendar  year,  unless  excused  by  a  formal  vote  of  the 
board,  shall  be  treated  as  a  resignation  of  such  nonattending 
commissioner,  and  shall  be  certified  by  the  municipal  commission 
to  the  mayor,  who  shall  appoint  his  successor. 

§  11.  If  the  mayor  of  any  city  shall  fail  to  appoint  a  municipal 
commission,  as  by  this  act  directed,  within  thirty  days  after  the 
enactment  thereof,  or  to  fill  a  vacancy  in  any  such  commission 
within  sixty  days  after  the  occurrence  thereof,  such  municipal 
commission,  or  member  thereof,  shall  be  appointed  by  the  state 
board,  which  board  shall,  in  the  case  of  appointments  in  the 
city  of  New  York  and  the  city  of  Buffalo,  follow  the  same  course 
in  making  such  appointments  as  is  required  in  sections  seven  and 
eight  of  this  act  to  be  followed  by  the  mayors  of  said  cities  re- 
spectively. 

§  12.  Officers  and  employees  of  municipal  commissions. — 
Within  thirty  days  after  their  appointment  the  members  of  each 
municipal  commission  shall  meet  and  elect  one  of  their  number 
to  be  president,  and,  except  in  the  city  of  New  York,  one  of  their 
number  to  be  secretary,  both  of  which  officers  shall  serve  without 
compensation.  In  the  city  of  New  York  the  municipal  commission 
shall  appoint  a  secretary,  who  shall  receive  a  salary  at  the  rate  of 
not  less  than  two  thousand  five  hundred  dollars  a  year.  The 
secretary  shall  keep  a  record  of  all  the  proceedings  of  the 
municipal  commission  and  perform  such  other  duties  as  may  be 
required  of  him  by  the  commission  and  by  law.  Municipal  com- 
missions appointed  under  this  act  may  also  appoint  an  office 
assistant  or  stenographer,  who  shall  receive  a  salary  to  be  fixed 
by  the  proper  authorities  of  the  city,  and  shall  discharge  such 


REPORT  OF  THE  PROBATION  €X)MMISSIO:NV";  :  101 

duties  as  may  be  required  by  the  municipal  commission.  Any 
person  appointed  to  any  office  or  position  by  a  municipal  commis- 
sion, including  probation  officers,  may  be  removed  therefrom  at 
the  pleasure  of  such  commission. 

§  13.  Rooms  and  accommodations  for  municipal  commissions. 
—It  shall  be  the  duty  of  the  proper  board  or  officers  of  each  city 
of  the  first  and  second  class  to  cause  suitable  rooms  and  accom- 
modations to  be  provided,  and  to  be  furnished,  heated  and  lighted 
for  the  municipal  commission  therein,  in  carrying  on  its  work 
and  in  preserving  its  records,  and  to  provide  the  necessary  sta- 
tionery, postage  stamps,  official  seals,  and  the  necessary  printing 
to  be  done  for  the  official  use  of  such  municipal  commission. 

§  14.  Powers  and  duties  of  municipal  commissions. — Each 
municipal  commission  is  hereby  required  to  perform  the  duties 
following: 

1.  To    appoint    chief    probation    officers,    assistant    probation 
officers  and  volunteer  probation  officers,  and  the  necessary  em- 
ployees of  such  commission,  as  herein  provided,  and  to  remove 

them. 

% 

2.  To  supervise,   direct,  control    and   designate   the   duties   of 

probation  officers ;  and  to  establish  rules  and  regulations  therefor 
and  to  alter  the  same. 

3.  To  collect  and  preserve  statistical  information  in  regard  to 
probation  in  its  locality;  to  make  and  keep  records  of  probation 
cases,  index  and  classify  the  same,  and  in  general,  to  increase 
and  extend  the  efficiency  of  probation  service. 

4.  To  meet  as  often  as  circumstances  require    (but  at   least 
once  in  each  calendar  month),  and  to  send  to  the  state  board 
within  five  days  after  each  meeting  a  copy  of  the  minutes  thereof; 
and  to  report  to  said  board  at  least  once  in  every  three  months 


102  Ki;z-oK!   OF  THE  PROBATION  COMMISSION. 

an  account  of  the  proceedings  of  the  said  municipal  commission 
for  the  preceding  period;  which  report  shall  be  on  a  form  pre- 
scribed by  the  state  board  and  shall  contain  a  statement  of  the 
number  of  probation  officers  appointed  by  it,  of  the  courts  to 
which  such  officers  have  been  assigned,  or  the  number  of  per- 
sons placed  on  probation  in  each  court,  and  other  information 
useful  for  statistical  purposes,  together  with  the  general  results 
of  probation  work  within  its  city ;  and  to  make  such  other  reports, 
and  to  furnish  such  further  information,  to  the  state  board,  as 
that  board  may  from  time  to  time  require. 

The  quarterly  reports  of  the  municipal  commission  appointed 
in  the  city  of  New  York  shall  be  published  in  the  City  Record. 

§  15.  Appointment  and  compensation  of  probation  officers. — 
The  municipal  commission  in  each  city  of  the  first  class  shall 
appoint  two  chief  probation  officers,  one  for  adults  and  the  other 
for  juveniles,  and  as  many  assistant  probation  officers  as  it  may 
deem  necessary.  Each  chief  probation  officer  in  the  city  of  Ne\\ 
York  shall  receive  a  salary  at  the  rate  of  not  less  than  two 
thousand  five  hundred  dollars  a  year;  and  each  chief  probation 
officer  in  the  city  of  Buffalo  shall  each  be  entitled  to  receive 
a  salary  at  the  rate  of  not  Jess  than  one  thousand  eight  hun 
dred  dollars  a  year;  and  each  assistant  probation  officer  in 
said  cities  shall  receive  such  salary  as  may  be  fixed  from  time  to 
time  by  the  proper  authorities  thereof.  The  municipal  commis- 
sion in  each  city  of  the  second  class  shall  appoint  a  chief  proba- 
tion officer  and  such  assistant  probation  officers  as  may  be  neces- 
sary, provided,  however,  that  any  such  commission  may,  in  its  dis- 
cretion, appoint  two  chief  probation  officers,  one  for  adults  and 
the  other  for  juveniles.  Each  chief  probation  officer  and  each 


REPORT  OF  THE  PROBATION  COMMISSION.  103 

assistant  probation  officer  appointed  in  each  city  of  the  second 
class  shall  be  paid  such  salary  as  may  be  fixed  from  time  to  time 
by  the  proper  authorities  of  such  city. 

§  16.  Each  probation  officer  appointed  under  this  act,  shall  be 
paid  his  reasonable  expenses  actually  incurred  in  the  prosecution 
of  his  work,  upon  the  certificate  of  approval  of  the  items  thereof 
by  the  municipal  commission  or  county  judge  appointing  him. 

§  17.  The  board  of  estimate  and  apportionment  in  the  city  of 
New  York,  and  the  proper  municipal  body  or  board,  officer  or 
officers  of  any  other  city  having  the  power  and  duty  to  appropri- 
ate and  provide  for  the  expenses  of  the  city,  shall  appropriate 
and  provide  for  the  salaries  and  expenses  directed  to  be  paid  by 
this  act  in  such  cities  respectively. 

§  18.  In  counties  containing  cities  of  the  first  and  second  class 
the  county  judge  shall  appoint  one  or  more  probation  officers, 
who  shall  have  supervision  only  over  probationers  residing  out- 
side of  the  cities  of  the  first  and  second  class  within  such  coun- 
ties, and  shall  serve  in  each  court  having  criminal  jurisdiction  in 
such  county  outside  of  said  cities,  and  shall  also  have  supervision 
over  all  persons  residing  in  such  county  outside  of  said  cities, 
who  shall  be  placed  on  probation  in  any  court  within  said  cities. 
Such  probation  officer  or  officers  shall  be  paid  such  salary,  if  any, 
and  in  such  manner,  as  the  majority  of  the  members  of  the  board 
of  supervisors  elected  from  that  portion  of  the  county  not  in- 
cluded in  a  city  of  the  first  or  second  class  shall  determine ; 
which  salary  shall  be  chargeable  upon  the  portion  of  such  county 
not  included  in  such  city  of  the  first  or  second  class.  In 
counties  not  containing  cities  of  the  first  or  second  class '.the 
county  judge  shall  appoint  one  or  more  probation  officers  to  serve 
in  each  court  having  criminal  jurisdiction  sitting  in  such  county. 


104  REPORT  OF  THE  PROBATION  COMMISSION. 

In  all  such  counties  in  which  there  is  a  city  containing  a  popu- 
lation in  excess  of  twenty-five  thousand  the  probation  officers 
shall  receive  such  salary  as  shall  be  fixed  by  the  county  judge,  at 
the  rate  of  not  less  than  six  hundred  dollars  and  not  greater  than 
one  .thousand  two  hundred  dollars  per  year.  In  all  such  counties 
not  containing  a  city  having  a  population  in  excess  of  twenty- 
five  thousand,  the  county  judge. shall  determine  whether  the  pro- 
bation officer  shall  receive  a  salary,  which  salary,  if  allowed,  shall 
be  fixed  by  the  county  judge,  but  shall  not  be  greater  than  at  the 
rate  of  six  hundred  dollars  per  year. 

§  19.  A  county  judge  may  remove  any  probation  officer  ap- 
pointed by  him  or  by  his  predecessor  in  office.  In  cases  where  it 
shall  come  to  the  attention  of  the  state  board  that  any  probation 
officer  appointed  by  a  county  judge  is  inefficient  or  unworthy  of 
occupying  the  position,  the  state  board  shall  bring  the  facts  to 
the  attention  of  the  county  judge  of  the  county  in  which  such 
probation  officer  shall  be  serving,  and  shall  request  his  removal 
from  office,  and  if  such  judge  shall  fail  to  remove  such  probation 
officer  within  ten  days  thereafter,  the  state  board  shall  investigate 
whatever  charges  may  have  been  made  against  such  probation 
officer,  and  if,  in  the  judgment  of  said  board,  such  charges  have 
been  sustained,  the  said  state  board  may  summarily  remove  such 
probation  officer,  giving  the  county  judge  written  notice  of  its 
action  in  this  respect. 

§  20.  If  any  municipal  commission  or  county  judge  shall  fail  to 
appoint  probation  officers  as  by  this  act  directed,  within  sixty 
days  after  the  enactment  thereof,  or  shall  fail  to  fill  any  vacancy 
within  sixty  days  after  the  occurrence  thereof,  such  probation 
officer  or  officers  shall  be  appointed  by  the  state  board.  Any  pro- 
bation officer  thus  appointed  by  the  state  board  may  be  removed 


REPORT  OF  THE  PROBATION  COMMISSION.  105 

by  said  board,  or,  for  due  cause  and  upon  notice  to  the  state 
board,  by  the  municipal  commission  or  county  judge  within 
whose  jurisdiction  he  was  thus  appointed. 

§  21.  All  appointments  of  salaried  probation  officers,  including 
chief  probation  officers,  unless  made  from  eligible  lists  established 
as  a  result  of  competitive  examinations,  shall  take  effect  only 
after  approval  thereof  by  the  state  board. 

§  22.  Volunteer  probation  officers  may  be  appointed  by  any 
municipal  commission  or  county  judge,  and  may  be  chosen  from 
among  the  officers  of  a  society  for  the  prevention  of  cruelty  to 
children  or  of  any  charitable  or  beneficial  institution,  society  or 
association  now  or  hereafter  duly  incorporated  under  the  laws 
of  this  state,  or  they  may  be  other  reputable  private  citizens,  male 
or  female.  Volunteer  probation  officers  shall  serve  without  sal- 
ary from  an}'  city  or  county,  and  shall  have  such  powers  and 
duties  as  may  be  assigned  to  them  within  the  purposes  of  this 
act  by  the  municipal  commission  or  county  judge  appointing 
them. 

§  23.  Within  one  month  after  the  appointment  of  a  municipal 
probation  commission  in  the  state  of  New  York,  the  municipal 
civil  service  commission,  if  so  requested  by  the  municipal  proba- 
tion commission,  shall  cancel  any  eligible  list  for  the  position  of 
probation  officer  then  in  existence.  In  all  competitive  examina- 
tions for  the  position  of  probation  officer,  the  authorities  charged 
with  the  conduct  of  such  examinations  shall  secure  the 
assistance  of  persons  of  extended  knowledge  or  experience  in 
probation  work  in  the  preparation  of  the  questions  for  such 
examinations  and  the  rating  of  the  papers  of  the  candidates. 
All  competitive  examinations  for  the  position  of  probation  officer 
shall  be,  in  part  at  least,  oral,  and  the  personal  qualifications  of 
the  candidates  shall  be  one  of  the  subjects  of  examination. 


KM;  REPORT  OF  THE  PROBATION  COMMISSION. 

§  24.  Powers  and  duties  of  probation  officers. — It  shall  be  the 
duty  of  a  probation  officer  to  attend  each  court  to  which  he 
shall  be  assigned;  to  inquire  into  the  antecedents  and  char- 
acter of  all  persons  taken  into  custody  and  brought  before  the 
court  to  which  he  has  been  assigned,  or  confined  within  the 
jurisdiction  of  such  court,  as  such  court  shall  designate,  and 
to  report  thereon,  in  writing  or  verbally,  to  the  court,  at  such 
time  as  the  court  shall  require.  He  shall  also  keep  himself 
informed  of  the  conduct  and  surroundings  of  those  placed  on 
probation  under  his  supervision,  and  so  far  as  practicable,  aid 
•and  encourage  them  by  friendly  advice  and  admonition  to  keep 
the  terms  of  their  probation,  and  by  the  exercise  of  interest 
and  concern  in  their  welfare  reclaim  them  from  evil  courses; 
and,  shall  report  to  the  court  from  time  to  time  the  results 
obtained.  It  shall  also  be  the  duty  of  a  probation  officer  ap- 
pointed by  a  municipal  commission  to  make  report  of  his  pro- 
ceedings to  said  commission,  and  otherwise  act  according  to  law, 

and  as  directed  by  the  rules  and  regulations  of  said  commission. 

i 
It  shall  also  be  the  duty  of  a  probation  officer  appointed  by  a 

county  judge  to  make  report  of  his  proceedings  to  the  state 
board,  and  otherwise  to  act  according  to  law,  and  as  directed 
by  the  rules  and  regulations  of  said  board.  It  shall  be  the  duty 
of  the  chief  probation  officer,  under  the  general  direction  of 
the  municipal  commission  appointing  him,  to  supervise,  control 
and  direct  the  work  of  all  probation  officers  in  the  branch  over 
which  he  is  chief.  Such  chief  probation  officer  may  be  relieved 
from  the  personal  supervision  of  probationers  to  such  extent  as 
the  municipal  commission  appointing  him  may  direct.  When 
practicable,  female  probationers  shall  be  placed  under  the  super- 
vision of  female  probation  officers.  Probation  officers  in  cities 


REPORT  OF  THE  PROBATION  COMMISSION.  107 

of  the  first  or  second  class  shall  be  confined  to  the  class  of  pro- 
bationers, juveniles  or  adults,  to  which  they  are  assigned,  unless 
detailed  to  the  other  branch  of  probation  work  by  the  special 
order  of  the  municipal  commission. 

§  25.  No  member  of  a  police  force  shall  be  appointed  or  em- 
ployed as  a  probation  officer. 

§  26.  Whenever  a  probationer  shall  remove  from  one  county 
or  city  to  another,  the  probation  officer  under  whose  supervision 
he  had  been  placed  shall  report  the  facts  to  the  state  board,  and 
such  board  shall  report  the  facts  to  the  chief  probation  officer 
of  the  county  or  city  to  which  the  probationer  has  removed,  if 
there  be  a  chief  probation  officer  therein,  or,  if  not,  then  to  the 
county  judge  of  such  county,  or  the  municipal  commission  of 
such  city,  and  supervision  over  such  probationer  shall  thereupon 
be  transferred  to  the  probation  officers  or  officer  of  the  county 
or  city  to  which  he  has  removed. 

§  27.  A  court  may,  within  the  limitation  of  this  act,  impose 
the  terms  and  conditions  under  which  eaxii  offender  is  released. 
The  general  rules  and  regulations  of  a.  municipal  commission 
shall  not  supersede  the  terms  and  conditions  imposed  by  a.  court 
in  reference  to  any  particular  probationer. 

§  28.  The  minimum  term  of  probation  shall  be  three  months, 
except  in  the  case  of  felonies  committed  by  adults,  when  the 
minimum  terms  shall  be  one  year.  At  any  time  during  the 
period  of  probation  a  court  by  which,  or  a  judge  or  magistrate 
by  whom,  the  probationer  was  released,  may  require  the  pro- 
bationer to  appear  before  it,  or  him,  for  a  further  considera- 
tion of  the  case;  and  at  any  time  during  the  probationary  term, 
the  court  before  which,  or  the  judge  or  magistrate  before  whom, 
the  person  so  probationed  was  convicted,  or  his  successor,  may 


108  KEPORT  OF  THE  PROBATION  COMMISSION. 

in  its,  or  his,  discretion,  revoke  and  terminate  such  probation,, 
and  upon  such  revocation  and  termination,  the  court,  or  judge 
or  magistrate,  as  the  case  may  be,  may  issue  a  warrant  for  the 
arrest  of  the  offender,  and,  if  the  sentence  has  been  suspended, 
pronounce  judgment  at  any  time  within  the  longest  period  for 
which  the  defendant  might  have  been  sentenced. 

§  29.  Whenever  a  sentence  is  suspended,  except  in  cases  of 
conviction  for  violation  of  an  ordinance,  and  an  offender  is 
released  thereunder,  he  must  be  placed  on  probation,  under  the 
supervision  of  a  probation  officer.  If,  however,  there  be  no 
probation  officer  having  power  under  the  provisions  of  this  act 
to  assume  charge  of 'such  offender,  then  the  mandatory  require- 
ments of  this  section  shall  not  apply  to  him. 

§  30.  No  person  convicted  of  any  crime  shall  be  released  before 
sentence,  whether  on  parole  or  probation  or  otherwise,  except 
pursuant  to  the  provisions  of  this  act.  This  provision  shall  not 
affect  the  power  of  the  court  to  release  a  prisoner  on  bail  as  pro- 
vided by  the  code  of  criminal  procedure. 

§  31.  No  probation  offcer  shall  divulge  or  communicate 
to  any  person,  other  than  to  the  state  board,  commission,  court 
or  officer,  as  in  this  act  provided,  without  the  consent  of  the 
municipal  commission  or  county  judge  appointing  him,  any  facts 
or  information  obtained  pursuant  to  the  discharge  of  his  duties ; 
nor  shall  any  record  of  any  probationer  be  made  public  except 
in  accordance  with  such  rules  and  regulations  therefor  as  may 
be  provided  by  the  municipal  commission,  or  the  county  judge, 
having  jurisdiction  over  such  probationer.  The  foregoing  pro- 
vision shall  not  relieve  a  probation  officer  from  divulging  such 
facts  as  a  witness  on  the  trial  of  any  cause,  or  the  hearing 


REPORT  OF  THE  PROBATION  COMMISSION.  109 

of  any  proceeding,  nor  the  production  of  such  records  for  use 
on  any  trial  or  proceeding. 

§  32.  Where  the  terms  and  conditions  of  probation  have  been 
fixed  by  the  court  within  the  limitations  prescribed  by  this 
act,  they  cannot  be  modified  or  abrogated  by  any  probation 
officer,  commission  or  board,  except  with  the  approval  of  the 
court. 

§  33.  Upon  the  termination  of  the  probation  period  the  pro- 
bation officer  shall  report  the  fact  to  the  court  and  also  the 
conduct  of  the  probationer  during  the  period  of  probation,  and 
the  court  may  thereupon  discharge  the  probationer  from  further 
supervision,  or  extend  the  probation  period,  as  the  circumstances 
require. 

§  34.  When  a  probationer  is  so  discharged  in  a  court  of  record, 
entry  of  the  discharge  shall  be  made  in  the  records  of  the  court, 
together  with  a  statement  as  to  the  conduct  of  the  probationer 
during  the  term  of  his  probation,  and  his  compliance  with  the 
terms  and  conditions  of  his  release. 

§  35.  In  cities  of  the  first  and  second  class,  at  the  request  of 
any  judge  to  whom  or  to  whose  court  a  probation  officer  has  been 
assigned,  he  shall  be  withdrawn  therefrom  and  another  pro- 
bation officer  substituted  in  his  place. 

§  36.  All  appointments  of  probation  officers  under  any  existing 
general  or  special  law,  shall  cease  and  determine  at  the  expira- 
tion of  thirty  days  after  the  passage  of  this  act. 

§  37.  All  probation  officers  appointed  under  existing  laws, 
shall  report  to  the  court  appointing  them,  the  names  and  ad- 
dresses of  all  probationers  in  their  charge  respectively,  together 
with  a  statement  showing  the  conduct  of  the  probationer  during 
his  term  of  probation,  and  all  such  probationers,  whose  terms 


110  REPORT  OF  THE  PROBATION  COMMISSION. 

of  probation  shall  not  have  expired  within  thirty  days  from 
the  passage  of  this  act,  shall  be  placed  in  charge  of  such  pro- 
bation officers  appointed  under  this  act,  who  would' have  charge 
of  such  probationers  if  they  were  originally  committed  to  their 
supervision  according  to  the  provisions  of  this  act. 

§  38.  Each  probation  officer  shall  have,  as  to  the  persons  com- 
mitted to  his  care,  the  powers  of  a  peace  officers. 

§  39.  All  unexpended  balances  of  appropriations  and  pro- 
visions made  by  the  board  of  estimate  and  apportionment  in 
the  city  of  New  York,  and  by  the  proper  municipal  body  or 
board,  officer  or  officers  of  any  city  having  the  power  and  duty 
to  appropriate  and  provide  for  the  expenses  of  the  city,  and 
all  unexpended  balances  of  appropriations  and  provisions  made 
by  the  board  of  supervisors  of  any  county,  for  moneys  to  be 
expended  in  the  administration  of  the  laws,  heretofore  existing 
with  relation  to  the  probation  of  offenders,  are  hereby  appro- 
priated and  directed  to  be  expended,  in  accordance  with  the 
provisions  of  this  act.  for  the  benefit,  respectively,  of  each  city 
or  county  for  which  such  appropriations  or  provisions  have  been 
made  or  expenditures  authorized,  and  for  the  respective  pur- 
poses for  which  appropriations  and  provisions  for  the  expen- 
ditures of  money,  by  such  board  of  estimate  and  apportionment, 
or  such  municipal  body  or  board,  officer  or  officers  of  any 
city  or  such  board  of  supervisors,  respectively,  are  by  this 
act  directed  to  be  made.  The  aforesaid  board  of  estimate  and 
apportionment  in  the  city  of  New  York,  and  such  municipal 
body  or  board,,  officer  or  officers  of  each  city,  and  the  board 
of  supervisors  of  each  county,  are  hereby  authorized  and  directed 
to  appropriate,  provide  and  to  expend  for  the  purpose  of  ful- 
filling the  duties  respectively  imposed  on  them  by  this  act,  all 


REPORT  OF  THE  PROBATION  COMMISSION.  Ill 

such  additional  moneys  as  shall  be  necessary  for  the  carrying 
out  of  the  provisions  of  this  act,  in  their  respective  cities  or 
counties  for  the  unexpired  portion  of  the  fiscal  year  of  such 
cities  or  counties,  ensuing  upon  the  passage  of  this  act.  And 
the  aforesaid  board  of  estimate  and  apportionment  in  the  city 
of  New  York,  and  such  proper  municipal  body  or  board,  officer 
or  officers,  of  any  city,  and  the  board  of  supervisors  of  each 
county  are  hereby  authorized  and  directed  hereafter,  at  the  time 
or  times,  and  in  the  manner  imposed  upon  them  by  law,  for 
the  making  of  appropriations  and  provisions  for  the  expendi- 
tures of  money,  to  appropriate,  to  provide  and  to  expend  all  such 
additional  moneys  as  annually  or  otherwise  shall  be  necessary 
for  the  carrying  out  of  the  provisions  of  this  act,  in  their  re- 
spective cities  or  counties  and  for  the  purpose  of  fulfilling  the 
duties  imposed  upon  them  by  this  act. 

§  40.  Repeal  and  amendments. — All  acts  and  parts  of  acts, 
whether  general  or  special,  inconsistent  with  this  act  are  hereby 
"repealed,  or  are  hereby  amended  so  as  to  conform  to  this  act. 
Nothing  herein  contained  shall  be  construed  so  as  to  destroy, 
impair  or  affect  the  stritns  of  any  person  under  probation  at  the 
time  of  the  passage  of  this  act. 

8  41.  This  act  shall  take  effect  immediately. 


AN  ACT  to  amend  the  Greater  New  York  charter,  relative  to 
the  commitment  of  persons  convicted  of  public  intoxication, 
disorderly  conduct  and  vagrancy. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section   1.    Subdivision    three   of   section    seven   hundred   and 
seven  of  the  Greater  New  York  charter,  as  amended  by  chapter 


112  REPORT  OF  THE  PROBATION  COMMISSION. 

six  hundred  and  thirty-eight  of  the  laws  of  nineteen  hundred 
and  five,  is  hereby  amended  so  as  to  read  as  follows : 

3.  Require  any  person  convicted  of  disorderly  conduct  to  give 
sufficient  surety  or  sureties  for  his  good  behavior  for  a  period 
of  time,  to  be  recited  in  the  commitment,  of  not  more  than  six 
months.  In  default  of  giving  such  surety  forthwith,  the  court 
or  magistrate  shall  commit  such  person,  in  the  boroughs  of  Man- 
hattan and  the  Bronx  to  the  city  prison,  to  be  thereafter  trans- 
ferred to  and  detained  in  the  workhouse,  in  the  borough  of 
Brooklyn  to  the  penitentiary,  and  in  the  other  boroughs  of  said 
city  to  the  county  jail  of  the  county  in  which  he  shall  have 
been  convicted  or  to  said  workhouse,  or  to  said  penitentiary,  to 
be  there  detained,  unless  sooner  discharged  pursuant  to  section 
seven  hundred  and  eleven  of  this  act,  until  such  surety  is  fur- 
nished, or  until  the  expiration  of  the  period  of  time  fixed  by  said 
commitment  as  aforesaid. 

Nothing  in  this  section  contained  shall  be  so  construed  as  to 
prevent  any  court  or  magistrate  from  committing  any  person  so 
convicted  to  any  state  institution  to  which,  and  for  any  term 
longer  than  six  months,  for  which  such  magistrate  may  now  be 
authorized  to  commit  by  law. 

Any  court  or  magistrate  may  suspend  sentence  in  the  case 
of  any  person  convicted  as  in  this  section  provided  and  must 
thereupon  [may]  release  such  person  upon  probation  [upon 
such  terms  and  conditions,  and  for  such  period  of  time,  not  ex- 
ceeding six  months,  as  the  court  or  magistrate  may  deem  best. 
A  person  released  on  probation  in  accordance  with  the  provisions 
of  this  section  shall  be  placed  under  the  charge  and  supervision 
of  a  probation  officer,  to  be  appointed  as  provided  in  this  section, 


REPORT  OF  THE  PROBATION  COMMISSION.  113 

and  shall  be  furnished  by  the  clerk  of  the  court  with  a  written 
statement  of  the  terms  and  conditions  of  his  release. 

If  at  any  time  during  the  probationary  term  of  a  person  con- 
victed and  released  under  the  provisions  of  this  section  it  shall 
appear  to  the  court  before  which,  or  the  magistrate  sitting  in 
the  magistrate's  court  in  which  the  person  so  convicted  was  con- 
victed' by  report  of  the  probation  officer  under  whose  care  such 
person  was  placed,  or  otherwise,  that  such  person  has  violated 
any  of  the  terms  or  conditions  of  his  release,  the  said  court  or 
magistrate  may  issue  a  warrant  for  the  arrest  of  such  person, 
and  if  it  shall  appear  that  such  violation  has  occurred,  it  or  he 
may  commit  him,  in  accordance  with  the  provisions!  of  this  sec- 
tion, in  the  same  "manner  as  if  such  person  had  not  theretofore 
been  released  upon  probation. 

The  board  of  city  magistrates  of  each  division  of  the  City  of 
New  York,  shall  have  authority  to  appoint  such  number  of  dis- 
creet persons  of  good  character,  either  men  or  women,  to  serve 
as  probation  officers,  as  said  boards  may  deem  necessary,  to  serve 
during  the  pleasure  of  the  court  or  board  of  magistrates  appoint- 
ing them.  The  board  of  city  magistrates  of  each  division  of  the 
City  of  New  York  shall  assign  the  probation  officers  appointed 
by  it  to  the  various  city  magistrate's  courts  in  its  division,  and 
each  probation  officer  shall  act  only  as  an  officer  of  the  city 
magistrate's  court  to  which  he  is  'so  assigned. 

It  shall  be  the  duty  of  the  probation  officers  appointed  under 
the  provisions  of  this  section  to  supervise  the  conduct  of  each 
person  placed  under  their  charge  respectively,  and.  to  report  any 
violation  by  any  such  person  of  the  terms  and  conditions  of  his 
release;  to  make  such  investigation  as  may  be  required  by  the 


114  KEPORT  OF  THE  PROBATION  COMMISSION. 

court  or  magistrate  in  the  case  of  any  person  accused  or  con- 
victed of  public  intoxication,  disorderly  conduct  or  vagrancy,  and 
to  furnish  such  information  as  may  be  necessary  to  assist  the 
court  or  magistrate  in  making  a  proper  disposition  of  each  case; 
and  to  render  such  assistance  and  advice  to  the  persons  placed 
under  their  charge  as  each  case  may  require.  If  two  or  more 
probation  officers  are  attached,  to  any  city  magistrate's  court, 
the  court  or  magistrate  shall  designate  the  officer  under  whose 
charge  each  person  on  probation  shall  be  placed.] 
§  2.  This  act  shall  take  effect  immediately. 


AN  ACT  to  amend  section  two  hundred  and  ninety-one  of  the 

penal  code. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Subdivision  nine  of  section  two  hundred  and  ninety- 
one  of  the  penal  code  of  the  state  of  New  York  is  hereby  amended 
to  read  as  follows : 

§  291.  Subdivision  9.  Whenever  any  child  is  brought  before 
any  court  or  magistrate,  to  be  dealt  with  under  any  of  the  subdi- 
visions of  this  section,  instead  of  committing  such  child  to  con- 
finement in  any  institution,  ttie  court  or  magistrate  may  place 
such  child  under  the  [custody]  supervision  of  a  probation  [or 
parole]  officer,  and  at  any  time  within  one  year  thereafter  such 
court  or  magistrate,  may  issue  a  warrant  for  such  child,  and  after 
giving  such  child  an  opportunity  to  be  heard,  may  make  the  com- 
mitment which  could  have  been  made  in  the  first  instance  as 
aforesaid.  [The  foregoing  provision  shall  not  apply  to  a  chil- 


REPORT  OF  THE  PROBATION  COMMISSION.  115 

dren's  court  created  by  special  enactment  in  cities  of  the  first 
class  but  this  exception  shall  not  be  construed  as  taking  away 
OP  limiting  any  jurisdiction  now  possessed  by  such  children's 
courts.] 

§  2.  This  act  shall  take  effect  immediately. 


AN  ACT  to  amend  the  Greater  New  York  charter,  relative  to 
inferior  courts  of  criminal  jurisdiction. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  folloivs: 

Section  1.  Subdivision  one  of  section  fourteen  hundred  and 
nineteen  of  the  Greater  New  York  charter,  as  amended  by  chapter 
one  hundred  and  fifty-nine  of  the  laws  of  nineteen  hundred  and 
three,  is  hereby  amended  so  as  to  read  as  follows: 

1.  The  said  court  of  special  sessions  of  the  first  division,  and 
the  said  court  of  special  sessions  of  the  second  division,  except 
in  boroughs  of  Queens  and  Richmond,  shall  hear  and  adjudicate 
all  charges  of  a  criminal  nature  against  children  under  sixteen 
years  of  age,  of  the  grade  of.  or,  under  section  six  hundred  and 
ninety-nine  of  the  penal  code,  permitted  to  be  tried  as  misde- 
meanors, including  all  charges  coming  within  the  summary  juris- 
diction of  magistrates,  and  impose  or  suspend  sentence  [or]  and 
remit  to  probation  pursuant  to  law.  But  all  such  hearings  and 
trials  shall,  except  as  hereinafter  provided,  be  had  in  a  court- 
room exclusively  used  for  the  hearing  and  disposition  of  chil- 
dren's cases. 

§  2.  This  act  shall  take  effect  immediately. 


116  REPORT  OF  THE  PROBATION  COMMISSION. 

AN  ACT  to  amend  the  code  of  criminal  procedure  relative  to  the 

appointment  of  probationary  officers,  and  defining  their  duties, 

and  with  relation  to  criminal  statistics. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  eleven-a  of  the  code  of  criminal  procedure 
is  hereby  repealed. 

§  2.  Sections  four  hundred  and  eighty  three,  nine  hundred  and 
forty-two  and  nine  hundred  and  forty-three  of  the  code  of  criminal 
procedure  are  hereby  amended  so  as  to  read  as  follows: 

§  -483.  After  a  plea  or  verdict  of  guilty,  in  a  case  where  a  dis- 
cretion is  conferred  upon  the  court  as  to  the  extent  of  the  punish- 
ment, the  court  may,  in  its  discretion,  hear  the  same  summarily 
at  a  specified  time,  and  upon  such  notice  to  the  adverse  party 
as  it  may  direct.  At  such  specified  times,  if  it  shall  appear  by 
the  record  and  the  circumstances  of  any  person  convicted  of 
crime,  that  there  are  circumstances  in  mitigation  of  the  punish- 
ment, the  court  shall  have  power,  in  its  discretion,  to  place  the 
defendant  on  probation  in  the  manner  following: 

1.  The  court  upon  suspending  sentence  [may]  must  place  such 
person  on  probation  during  such  suspension  under  the  charge 
and  supervision  of  [the]  a  probation  officer  [appointed  by  said 
court].  When  practicable,  any  child  under  the  age  of  sixteen 
years,  placed  on  probation,  shall  be  placed  with  a  probation 
officer  of  the  same  religious  faith  as  that  of  the  child's  parents. 
The  parents,  guardian  or  master  of  such  child,  if  the  child  has 
any,  shall  be  summoned  by  the  magistrate  to  attend  any  exami- 
nation or  trial  of  such  child  and  to  be  present  in  court  when 
the  child  is  placed  on  probation  and  informed  [by  the  court]  of 
the  action  taken  in  such  case. 


REPORT  OF  THE  PROBATION  COMMISSION.  117 

2.  If  the  judgment  is  to  pay  a  fine  and  that  the  defendant  be 
imprisoned  until  it  is  paid,  the  court  upon  imposing  sentence  may 
direct  that  the  execution  of  the   sentence  of  imprisonment  be 
suspended  for  such  period  of  time,  not  less  than  three  months, 
and  on  such  terms  and  conditions  as  it  shall  determine,  and  shall 
in  such  event,  place  such  defendant  on  probation  under  the  charge 
and  supervision  of  a  probation  officer  during  such  suspension, 
provided,  however,  that  upon  payment  of  the  fine  being  made 
the  judgment  shall  be  satisfied  and  the  probation  cease. 

3.  At  any  time  during  the  probationary  term  of  a  person  con- 
victed and  released  on  probation   in  accordance  with  the  pro- 
visions of  this  section,  the  court  before  which,   or  the  justice 
before  whom,  the  person  so  convicted  was  convicted,  or  his  suc- 
cessor, may  in  its  or  his  discretion,  revoke  and  terminate  such 
probation.     Upon    such    revocation    and   termination    the   court 
may,  if  the  sentence  has  been  suspended,  pronounce  judgment 
at  any  time  [thereafter]  within  the  longest  period  for  which  the 
defendant  might  have  been  sentenced,  or  if  judgment  has  been 
pronounced  and  the  execution  thereof  has  been  suspended,  the 
court  may  revoke  such  suspension,  whereupon  the  judgment  shall 
be  in  full  force  and  effect  for  its  unexpired  term. 

4.  The   minimum   term    of  probation   shall   be   three   months, 
except  in  the   case  of  felonies  committed   by  adults  when  the 
minimum  term  shall  be  one  year. 


§  942.  The  clerk  or  the  deputy  clerk  of  the  court  of  special 
sessions  in  the  city  and  county  of  New  York  shall  on  or  before 
the  first  day  of  February,  eighteen  hundred  and  ninety-five, 
and  quarterly  thereafter,  transmit  to  the  secretary  of  state  a 
tabulated  and  certified  statement,  in  the  form  prescribed  by  he 
secretary  of  state,  containing  the  name  of  every  person  convicted 


118  REPORT  OF  THE  PROBATION  COMMISSION. 

of  a  crime,  of  every  person  against  whom  sentence  was  suspended, 
and  of  every  person  placed  on  probation  in  such  court,  after 
October  thirty-first,  eighteen  hundred  and  ninety-four,  and  since 
the  date  of  the  closing  of  each  last  preceding  quarterly  report; 
a  description  of  the  offense  of  which  such  person  was  convicted; 
whether  the  conviction  was  upon  a  trial  or  upon  a  plea  of  guilty ; 
and  the  date  of  the  conviction;  and  also  a  certified  statement 
containing  the  names  of  all  probation  officers  appointed  by  the 
court,  with  their  address  and  date  of  appointment.  The  police 
clerks  of  the  city  magistrates  of  the  city  of  New  York,  shall  on 
or  before  February  first,  nineteen  hundred  and  one,  and  annually 
thereafter,  transmit  to  the  secretary  of  state,  a  tabulated  state- 
ment made  from  their  records,  showing  the  number  of  males  and 
females  convicted  of  crime  during  each  month  in  the  preceding 
quarter  in  the  several  courts  of  such  city  magistrates ;  the  number 
convicted  of  each  offense,  the  number  sentenced,  the  number  fined, 
the  number  of  those  against  whom  sentence  was  suspended,  and 
the  number  placed  on  probation,  [and  shall  also  furnish  a  certi- 
fied statement  containing  the  names  of  all  probation  officers 
appointed  by  the  magistrates,  with  their  addresses  and  date  of 
appointment.]  Such  statements  shall  be  in  the  form  prescribed 
by  the  secretary  of  state. 

§  943.  On  or  before  the  first  day  of  February,  eighteen  hun- 
dred and  ninety-five,  and  quarterly  thereafter,  the  clerk  of  each 
county  shall  transmit  to  the  secretary  of  state  a  tabulated  and 
certified  statement,  in  the  form  prescribed  by  the  secretary  of 
state,  of  all  the  matters  contained  in  the  statements  filed  with 
such  clerks  by  the  district  attorney  of  such  county  after  October 
thirty -first,  eighteen  hundred  and  ninety-four;  and  of  the  name 
of  each  person  shown  to  be  convicted  by  a  court  of  special  sessions 


REPORT  OF  THE  PROBATION  COMMISSION.  119 

foy  the  certificate  of  conviction  filed  with  him  by  magistrates 
holding  courts  of  special  sessions  after  October  thirty-first,  eigh- 
teen hundred  and  ninety-four,  and  since  the  date  of  the  closing 
of  each  last  preceding  quarterly  report  made  after  October  thirty- 
first,  eighteen  hundred  and  ninety-four,  and  showing  the  offense 
for  which  each  person  was  so  convicted;  whether  the  conviction 
was  upon  a  trial  or  upon  a  plea  of  guilty;  the  sentence  imposed, 
whether  the  sentence  was  suspended,  and  whether  the  defendant 
was  placed  on  probation.  [Said  certified  statement  shall  also 
contain  the  names  of  all  probation  officers  appointed  by  said 
courts  of  special  sessions,  with  their  addresses  and  the  date  of 
their  appointment.] 

§  946.  The  secretary  of  state  shall  cause  this  title  to  be  pub- 
lished with  forms  and  instructions  for  the  execution  of  the  duties 
therein  prescribed,  and  copies  thereof  to  be  furnished  annually 
to  each  county  clerk.  The  forms  furnished  by  the  secretary  of 
state  as  herein  provided,  shall  contain  in  tabulated  form,  the 
nature  of  every  offense  upon  which  conviction  was  had,  the  court 
before  which  the  defendant  was  convicted,  the  character  of  the 
sentence  imposed,  the  cases  where  defendant  had  been  previously 
convicted,  the  cases  where  sentence  was  suspended,  [the  cases] 
and  where  the  defendant  was  placed  upon  probation,  and  the  cases 
where  the  probation  was  revoked,  together  with  the  age,  sex, 
nativity  and  residence  of  the  defendant.  And  a  sufficient  number 
of  the  copies  of  this  title,  and  of  such  instruction,  and  of  the 
forms  to  be  used  by  the  district  attorney,  or  clerk  or  deputy  clerk 
of  the  court  of  special  sessions  of  the  city  and  county  of  New 
York,  shall  also  be  furnished  to  each  clerk  to  enable  him  to  fur- 
nish at  least  one  copy  thereof  annually  to  the  district  attorney, 
and  the  clerk  of  the  court  of  special  sessions  of  the  city  and 


120  REPORT  OF  THE  PROBATION  COMMISSION. 

county  of  New  York  and  the  county  clerk  shall  distribute  the 
copies  of  this  title  and  of  such  forms  and  instructions  accord- 
ingly, and  when  said  county  clerk  is  not  a  salaried  officer  his  dis- 
bursements and  compensation  for  his  services  under  this  act  shall 
be  a  county  charge.  The  expense  of  the  secretary  of  state  in  pub- 
lishing this  title  and  distributing  copies  thereof,  and  of  such 
forms  and  instructions  as  are  herein  required,  shall  be  pad  by  the 
treasurer  of  the  state,  upon  the  warrant  of  the  comptroller,  from 
moneys  in  the  treasury  not  otherwise  appropriated. 
§  3.  This  act  shall  take  effect  immediatel. 


AN  ACT  to  repeal  sections  three  hundred  and  eighty-four-b  and 
three  hundred  and  eighty-four-c  of  chapter  one  hundred  and  five 
of  the  laws  of  the  year  eighteen  hundred  and  ninety-one,  enti- 
tled "An  act  to  revise  the  charter  of  the  city  of  Buffalo,"  as 
amended  by  chapter  six  hundred  and  twenty-seven  of  the  laws 
of  the  year  nineteen  hundred  and  one,  in  relation  to  the  police 
justice. 

The  People  of  the  State  of  New  York,  r</t  resented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Sections  three  hundred  and  eighty-four-b  and  three 
hundred  and  eighty-four-c  of  chapter  one  hundred  and  five  of  the 
laws  of  the  year  eighteen  hundred  and  ninety-one,  entitled  "An 
act  to  revise  the  charter  of  the  city  of  Buffalo,"  as  amended  by 
chapter  six  hundred  and  twenty-seven  of  the  laws  of  the  year 
nineteen  hundred  and  one,  are  hereby  repealed. 

§  2.  This  act  shall  take  effect  immediately. 


REPORT  OF  THE  PROBATION  COMMISSION.  121 

AN  ACT  to  authorize  the  board  of  estimate  and  apportionment 
of  the  city  of  New  York  to  hear,  determine,  audit  and1  allow 
claims  of  certain  persons  for  services  as  probation  officers  in 
the  city  of  New  York,  and  directing  the  comptroller  to  pay 
such  claims  as  may  be  allowed  for  such  services  by  said  board. 

The  People  of  the  State  of  'New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  The  board  of  estimate  and  apportionment  of  the 
city  of  New  York  is  hereby  authorized  and  empowered  to  hear, 
determine,  audit  and  allow  the  claims  of  any  and  all  persons,  who 
shall  have  regularly  served  as  probation  officers  in  the  magis- 
trates' courts  of  the  city  of  New  York  from  the  first  day  of  April, 
nineteen  hundred  and  five,  or  any  day  thereafter,  and  in  the 
courts  of  special  sessions  of  the  city  of  New  York,  from  the  first 
day  of  January,  nineteen  hundred  and  six,  until  such  time  as 
appointments  of  probation  officers  pursuant  to  any  general  pro- 
bation law  shall  have  been  made,  for  compensation  for  services 
performed  by  them  as  such  probation  officers  from  said  respective 
days  at  such  rate  or  rates  as  may  be  fixed  by  said  board,  but  no 
compensation  shall  be  allowed  or  paid  pursuant  to  the  provisions 
of  this  act  for  services  rendered  later  than  September  first,  nine- 
teen hundred  and  six. 

§  2.  The  said  board  of  estimate  and  apportionment  shall  deter- 
mine the  amount  to  be  allowed  upon  such  claims  and  the  comp- 
troller of  said  city  shall  cause  the  amount  necessary  to  pay  such 
claims,  as  so  determined,  to  be  paid  out  of  the  contingent  fund, 
if  there  be  such  a  fund  available  for  such  payment,  and  if  no  such 
fund  be  available,  then  the  necessary  amount  to  pay  such  claims 
shall  be  raised  by  the  issue  and  sale  of  revenue  bonds  of  said  city, 


122  REPORT  OF  THE  PROBATION  COMMISSION. 

and  in  that  event,  the  sura  necessary  to  pay  such  revenue  bonds 
shall  be  included  in  the  budget  for  the  expenses  for  the  said  city 
for  the  year  nineteen  hundred  and  seven. 

§  3.  This  act  shall  not  authorize  the  allowance  or  payment  to 
any  such  probation  officer  of  compensation  for  any  period  of 
time,  for  which  such  probation  officer  has  already  received  or  is 
now  entitled  to  receive  compensation  for  his  services  as  such 
probation  officer  from  said  city.  * 

§  4.  This  act  shall  take  effect  immediately. 


APPENDIX  B. 


Statutes  of  All  the  States  in  the  Union 
Relating  to  Probation. 


COMPILED  BY  HELEN  PAGE  BATES,  PH.D. 

NEW  YORK  STATE  LIBRARY, 

NOVEMBER  1,  1905. 


(NOTE. — In  several  instances,  juvenile  court  statutes  are  given  in  full,  though  only  certaim 
sections  relate  to  probation.  The  organization  of  the  juvenile  court,  and  the  complete  statutory 
provision  for  it.  are  of  interest  in  understanding  the  sections  relating  explicitly  to  probation.) 


CITATION  OF  STATUTES. 

ALABAMA 

No  statutory  provision. 

ARIZONA 

No  statutory  provision. 

ARKANSAS 

No  statutory  provision. 

CALIFORNIA 

1903,  ch.    34.     Feb.  23.     Probation  system  for  adults  :  amdg.  Penal  Code  §  1203,  1215     I 
1903,  ch.    35.     Feb.  23.     Appointment  of  probation  officers  :  adds  Code  of  Civil  Proced-l 
ure  §  131 


1903,  ch.    43.     Feb.  26. 
1905,  ch.  579.     Mar.  22. 

1905,  ch.  610.     Mar.  22. 

Juvenile  courts  and  probation  system. 
Appointment  of  probation  committees  :    amdg.   Code  of  Ci 
Procedure  §  131 
Juvenile  courts  and  probation  system;    amdg.  1903  ch.  43. 

COLORADO 
1903,  ch.    85.     Mar.     7. 
1903,  ch.    94.     Mar.     7. 
1905,  ch.    81.     Apr.  10. 

Juvenile  courts  and  probation  system. 
Adult  delinquency.     (Original  Act.) 
Adult  dependency. 

CONNECTICUT 
1903,  ch.  126.     May  22. 
1905,  ch.  142.     June  16. 

Appointment  of  probation  officers. 
Appointment  of  probation  officers;    revising  1903,  ch.  126. 

DELAWARE 

No  statutory  provision. 

> 

DISTRICT  OF  COLUMBIA 
U.  S.  1901,  ch.  847.     Mar 

,    3.     Appointment  of  probation  officer. 

FLORIDA 

No  statutory  provision. 

GEORGIA 
No  statutory  provision. 

IDAHO 
1905,  p.    106.     Mar.    2. 

Juvenile  courts  and  probation  system. 

ILLINOIS 
1899,  p.    131.     Apr.  21. 
1901,  p.    141.     May  11. 
1905,  p.    151.     May  13. 
1905,  p.    152.     May  16. 
1905,  p.    189.     May  13. 

Juvenile  courts  and  probation  system.     (Original  act.) 
Juvenile  courts  and  probation  system:    amdg.  1899,  p.  131. 
Juvenile  courts  and  probation  system:   amdg.  18,99,  p.  131. 
Juvenile  courts  and  probation  system:   amdg.  1899,  p.  131. 
Adult  delinquency. 

INDIANA 
1903,  ch.  237.     Mar.  10. 
1905.  ch.    45.     Feb.  27. 
1905,  ch.  145.     Mar.    6. 

Juvenile  courts  and  probation  system. 
Juvenile  courts  and  probation  system:    amdg.  1903,  ch.  237. 
Adult  delinquency. 

IOWA 
1904,  ch.  11.     Apr.       7. 

Juvenile  courts  and  probation  system. 

KANSAS 
1901,  ch.  106.     Mar.     1. 
1905,  ch.  190.     Mar.     4. 

Juvenile  probation. 
Juvenile  courts  and  probation  system. 

KENTUCKY 

No  statutory  provision. 

LOUISIANA 

No  statutory  provision. 

126 


EEPORT  OF  THE  PROBATION  COMMISSION. 


MAINE 

1905,  ch.  346. 


Mar.  21.     Cumberland  county  (Portland)    probation  officer. 


MARYLAND 

1902,  ch.  611.  Apr.  11. 

1904   ch.  514.  Apr.     8. 

1904,  ch.  521.  Apr.     8. 

MASSACHUSETTS 

1869,  ch.  453.  June  23. 

1870,  ch.  359,  June  15. 

1878,  ch.  198.  Apr.  26. 

1879,  ch.  291.  Apr.  30. 


1880,  ch.  129. 
1891,  ch.  356. 
1898,  ch.  511. 
1900,  ch.  279. 
1900,  ch.  449. 
1902,  ch.  227. 
1903,  ch.  452. 

1905,  ch.  307. 
1905,  ch.  338. 
1905,  ch.  384. 

MICHIGAN 
1873,  ch  171. 

Mar.  22. 
May  28. 
June  8. 
May  2. 
July  10. 
Mar.  27. 
June  22. 

Apr.  20. 
Apr.  26. 
May  8. 

Apr.  29. 

1875,  ch.    37.  Mar.  19. 

1885,  ch.  168.  June  10. 

1887,  ch.  177.  June  10. 

1903,  ch.    91.  May     7. 

1903,  ch.  221.  June  18. 


1905,  ch.  32. 
1905,  ch.  312. 

MINNESOTA 

1899,  ch.  154. 
1901,  ch.  102. 
1903,  ch.  270. 
1905,  ch.  285. 
1905.  ch.  321. 


Mar.  29. 
June  17. 


Apr.  11. 
Mar.  28. 
Apr.  18. 
Apr.  19. 
Apr.  19. 


MISSISSIPPI 

No  statutory  provision. 

MISSOURI 

1901,  p.    135.     Mar.  26. 
1903,  p.    213.     Mar.  23. 

1905,  p.      56.     Apr.     8. 

MONTANA 

No  statutory  provision. 

NEBRASKA 

1905,  ch.    59.     Mar.     S. 
1905,  ch.  195.     Mar.  21. 

NEVADA 

No  statutory  provision. 


Baltimore  magistrate  for  juvenile  causes  and  probation  officers. 
Baltimore     probation      officers:    amdg.  1902,  ch.  611. 
Baltimore  magistrate  for  juvenile  causes:    amdg.  1902,  ch.  611. 

Appointment  of  visiting  agent. 

Visiting  agent  of  board  of  state  charities. 

Appointment  of  probation  officer  in  Suffolk  county  (Boston.) 

State  visiting  agency  abolished  and  powers  transferred  to  state 

board  of  health,  lunacy  and  charity. 

Appointment  of  probation  officers  in  cities  and  towns. 
Appointment  of  probation  officers  in  cities  and  towns. 
Appointment  of  probation  officers  in  superior  court. 
Expense  allowance  of  probation  officer,  $200  a  year. 
Probation  service. 

Release  of  prisoners  in  local  penal  institutions  on  probation. 
Release  of  prisoners  on  probation  or  permit:   admg.  Revised 

Laws  ch.  225,  §  129. 

Support  of  wife  and  children  by  probationer. 
Duties  of  probationer — payment  of  fine  during  probation. 
Release  of  persons   arrested  for  drunkenness  on  probation,  prior 

to  arraignment. 

State  agency  for  juvenile  offenders:    county  agents  appointed 

by  board  of  state    commissioners    for  supervision  of   state 

institutions. 

Compensation  of  county  agent. 

State  agency  for    juvenile    offenders:    revising  1873,  ch.  171. 
Powers  of  county  agent  as  to  juvenile  offenders:    amdg.  1885, 

ch.  168. 

Adult  probation:   county  agent  to  be  probation  officer  of  county. 
Provision  for  probation  officer,  other  than  county  agent:  amdg. 

1885,  ch.  168. 

Probation  service:  amdg.  1903,  ch.  91. 
Juvenile  courts  and  probation  system. 

Juvenile  probation. 

Extending  age  of  juvenile  probationers. 
Juvenile  probation:    amdg.  1899,  ch.  154. 
Juvenile  courts  and  probation  system. 

Appointment  and  compensation  of  probation   officers:    amdg. 
1899,  ch.  154. 


Juvenile  probation  system. 

Juvenile  courts  and  probation  system;    application  to  counties 

of  150,000  and  over:  repealing  1901,  p.  135. 
Juvenile  courts  and  probation  system:   revising  1903,  p.  213  so 

far  as  relating  to  counties  of  150,000-500,000. 


Juvenile  courts  and  probation  system. 
Adult  delinquency  and  dependency. 


KEPORT  OF  THE  PROBATION  COMMISSION. 


127 


NEW  HAMPSHIRE 

No  statutory  provision. 


NEW  JERSEY 
1900,  ch.  102. 
1903,  ch.  219. 
1903,  ch.  221. 


Mar.  23. 
Apr.  8. 
Apr.  8. 


1904,  ch.  132.     Mar.  28. 

1905,  ch.  160.     Apr.  17. 


Adult  probation. 

Juvenile  courts  and  probation  system. 

Magistrate  may  place  offender  on  probation:  supplementing  1900, 

ch.  102. 
Probation  officer  may  arrest  on  view:    supplementing  1900,  ch. 

102. 
Adult  delinquency. 


1905,  ch.  203.     Apr.  28.     Suspension  of  sentence  in  case  of  non-support  of  family,  placing 
defendant  on  probation:    amdg.  1903,  ch.  210. 

NEW  MEXICO 

No  statutory  provision. 


NEW  YORK 

1901,  ch.  372: 

1901,  ch.  627. 

1902,  oh.  549. 
1902,  ch.  590. 


Apr.  17. 
May     1. 

Apr.  11. 
Apr.  14. 


1903,  ch.  159.     Apr.  14. 


1903,  ch.  274. 

1903,  ch.  613. 

1904,  ch.  568. 

1905,  ch.  543. 
1905,  ch.  655. 

1905,  ch.  656. 
1905,  ch.  714. 


Apr.  24. 
May  15. 
Apr.  29. 

May  18. 
May  29. 

May  29. 
June  3. 


NORTH  CAROLINA 

No  statutory  provision. 

NORTH  DAKOTA 

No  statutory  provision. 

OHIO 

1902,  p. 


785.     Apr.  18. 


1904,  p.    561.     May     5. 

1904,  p.    621.     Apr.  23. 

OKLAHOMA 

No  statutory  provision. 

OREGON 

1905,  ch.    80.     Feb.  15. 
1905,  ch.  171.     Feb.  21. 

PENNSYLVANIA  '$' 

1901,  ch.  185.     May  21. 

1903,  ch.  205.     Apr.     2. 

RHODE  ISLAND  *• 

1898,  ch.  581.     June  15. 

1899,  ch.  664.     May  23. 


Appointment  of  probation  officers:  adding  §  11 A  to  Criminal 

Code  of  Procedure  and  amdg.  §  483,  487,  941-943,  946. 
Buffalo — Probation  officers:     amdg.   1891,  ch.  105,  by  adding 

§  384B,  384C. 

Buffalo — Probation  officers:    amdg.  1901,  ch.  627. 
New  York  city — Children's  court:  amdg.  1901,  ch.  466,  §  1505, 

1418  and  adding  §  1419. 
Brooklyn — Children's    Court:    amdg.    1901,    ch.    466,    §  1405, 

1418-1419. 

Probation  officers:    amdg.  Grim.  Code,  §  483. 
Probation  officers:    amdg.  Crim.  Code,  §  11  A,  483,  487. 
New  York  city — Salaries  of  women  probation  officers:    amdg. 

Criminal  Code,  §  11  A. 

Rochester — Children's  Court:    amdg.  1880,  ch.  14,  §  265. 
Suspension  of  sentence:  adult  delinquency:    amdg.  Penal  Code, 

§  12,  291. 
Suspension    of   sentence;    probation    officers:     amdg.    Criminal 

Code,  §  11A,  483. 
Probation  commission. 


Cuyahoga    county  (Cleveland)  juvenile    court    and    probation 

system. 

Juvenile  courts  and  probation  system. 
Cuyahoga  county  juvenile  court  and  probation  system:  amdg. 

1902,  p.  785. 


Juvenile  courts  and  probation  system. 
Adult  delinquency. 

Juvenile  courts  and  probation  system.     Declared  unconstitu- 
tional and  re-enacted  in  1903  as  five  separate  acts. 
Juvenile  courts  and  probation  system. 

Agent  of  board  of  state  charities  and  corrections  to  act  in  be- 
half of  juvenile  offenders. 
Juvenile  probation  system:    repealing  1898,  ch.  581. 


128 


REPORT  OF  THE  PROBATION  COMMISSION. 


SOUTH  CAROLINA 

No  statutory  provision. 

SOUTH  DAKOTA 

No  statutory  provision. 

TENNESSEE 

1905,  ch.  516. 

TEXAS 

No  statutory  provision. 

UTAH 

1903,  ch.  124. 
1905,  ch.  117. 

VERMONT 

1900,  ch.  106. 

WASHINGTON 
1905,  ch.  18. 


Apr.  17.     Juvenile  courts  and  probation  system. 


Mar.  23. 
Mar.  16. 


Probation  system  for  dependent  and  neglected  children. 
Juvenile  courts  and  probation  system. 


Nov.  27.     County  probation  officers. 


Feb.     15. 


1905,  ch.    24.     Feb.  17. 

WEST  VIRGINIA 

No  statutory  provision. 

WISCONSIN 

1901,  ch.    90.  Mar.  28. 

1903,  ch.    97.  Apr.  20. 

1903,  ch.  359.  May  20. 

1905,  ch.  496.     June  20. 

WYOMING 

No  statutory  provision. 


Juvenile  courts  and  probation  system. 

Suspension  of  sentence  by  superior  courts  of  persons  under  21 
convicted  of  misdemeanor  or  felony. 


Juvenile  courts  and  probation  system. 

Juvenile  courts  and  probation  system:    amdg.  1901,  ch.  90. 

Juvenile  courts  and  probation  system;    application  to  counties 

of  65,000  or  over. 
Juvenile  courts  and  probation  system:    amdg.  1901,  ch.  90. 


STATUTES  RELATING  TO  PROBATION. 

CALIFORNIA 

Adult  Probation 

Chapter   34,   Feb.    23,    1903:    amdg.    Penal   Code,    §    1203,  1215. 

AN  ACT  to  amend  an  act  entitled  "An  act  to  establish  a  Penal  Code,"  approved 
Feb.  14,  1872,  by  amending  sections  1203  and  1215  thereof,  relating  to  the  pro- 
bation of  persons  arrested  for  crime  after  a  plea  or  verdict  of  guilty,  and  the 
suspending  of  the  imposition  or  execution  of  sentence  during  the  term  of 
probation. 

Section  1.  Section  1203  of  the  Penal  Code  is  hereby  amended  to  read  as  follows  : 
§  1203.  After  plea  or  verdict  of  guilty,  where  discretion  is  conferred  upon  the 
court  as  to  the  extent  of  the  punishment  the  court  upon  oral  suggestions  of  either 
party  that  there  are  circumstances  which  may  properly  be  taken  into  view,  either  in 
aggravation  or  mitigation  of  the  punishment,  may,  in  its  discretion,  hear  the  same 
summarily  at  a  specified  time  and  upon  such  notice  to  the  adverse  party  as  it  may 
direct.  At  such  specified  time,  if  it  shall  appear  by  the  record  furnished  by  the  pro- 
bation officer,  or  otherwise,  and  from  the  circumstances  of  any  person  over  the  age 
of  sixteen  years  so  having  plead  guilty  or  having  been  convicted  of  the  crime,  that 
there  are  circumstances  in  mitigatiofT  of  the  punishment,  or  that  the  ends  of  justice 
will  be  subserved  thereby,  the  court  shall  have  power,  in  its  discretion,  to  place 
the  defendant  upon  probation  in  the  manner  following : 

1.  The  court,  judge,  or  justice  thereof,  may  suspend  the  imposing  of  sentence 
and  may  direct  that  such  suspension  may  continue  for  such  period  of  time,  not 
exceeding  the  maximum  possible  term  of  such  sentence,  and  upon  such  terms  and 
conditions  as  it  shall  determine,  and  shall  place  such  person  on  probation,  under 
the  charge  and  supervision  of  the  probation  officer  of  said  court  during  such 
suspension. 


KEPOIIT  OF  THE  PROBATION  COMMISSION.  129 

2.  If  the  judgment  is  to  pay  a  fine,   and  that  the  defendant  be  imprisoned  until  it 
•be   paid,    the   court,    judge,    or   justice,    upon   imposing   sentence,    may   direct    that   the 
execution    of    the    sentence    of    imprisonment    be    suspended    for    such    period    of    time, 
not  exceeding  the  maximum  possible  term  of  such  sentence,  and  on  such  terms  as  it 
shall   determine,    and  shall   place   the   defendant   on   probation,   under  the   charge   and 
supervision  of  the  probation  officer  during   such   suspension,   to  the  end  that  he  may 
be  given  the  opportunity  to  pay  the  fine  ;   provided,  however,  that  upon  the  payment 
of  the  fine  being  made,  judgment  shall  be  satisfied  and  the  probation   cease. 

3.  At  any  time  during  the  probationary  term   of  the  person   released  on   probation 
in  accordance  with  the  provisions  of  this   section,    any  probation  officer  may  without 
warrant    or    other    process,    at    any    time    until    the    final     disposition    of    the    case 
rearrest   any   person   so   placed   in   his   care   and   bring  him   before   the   court,    or   the 
court  may,  in  its  discretion,  issue  a  warrant  for  the  rearrest  of  any  such  person  and 

may  thereupon  revoke  and  terminate  such  probation,  if  the  interest  of  justice  so 
requires,  and  if  the  court  in  its  judgment  shall  have  reason  to  believe  from  the 
report  of  the  probation  officer  or  otherwise,  that  the  person  so  placed  upon  probation 
is  violating  the  conditions  of  his  probation  or  engaging  in  criminal  practices,  or  has 
become  abandoned  to  improper  associates,  or  a  vicious  life.  Upon  such  revocation 
and  termination,  the  court  may,  if  the  sentence  has  been  suspended,  pronounce 
judgment  at  any  time  after  the  said  suspension  of  the  sentence  within  the  longest 
period  for  which  the  defendant  might  have  been  sentenced,  but  if  the  judgment  has 
been  pronounced  and  the  execution  thereof  has  been  suspended,  the  court  may  revoka 
such  suspension,  whereupon  the  judgment  shall  be  in  full  force  and  effect^  and  the 
person  shall  be  delivered  over  to  the  proper  officer  to  serve  his  sentence. 

4.  The  court  shall  have  power  at  any  time  during  the  term  of  probation  to  revoke 
or  modify   its   order   of   suspension   of   imposition   or  execution   of   sentence.      It   may, 
at  any  time,  when  the  ends  of  justice  will  be  subserved  thereby,  and  when  the  good 
conduct  and  reform  of  the  person   so  held  on   probation   shall   warrant   it,    terminate 
tho   period   of   probation   and   discharge   the   person    so   held,    and    in   all   cases,   if  the 
court  has  not  seen  fit  to   revoke  the  order  of  probation  and  impose   sentence  or  pro- 
nounce judgment,  the  defendant  shall  at  the  end  of  the  term  of  probation,  be  by  the 
court   discharged. 

§  2.  Section  1215  of  the  Penal  Code  is  hereby  amended  to  read  as  follows  : 
§  1215.  If  the  judgment  is  for  imprisonment,  or  a  fine  and  imprisonment  until  it 
be  paid,  the  defendant  must  forthwith  be  committed  to  the  custody  of  the  proper 
officer  and  by  him  detained  till  the  judgment  is  complied  with.  Where,  however, 
the  court  has  suspended  sentence,  or  where,  after  imposing  sentence,  the  court  has 
suspended  the  execution  thereof  and  placed  the  defendant  on  probation,  as  provided  in 
section  1203  of  the  Penal  Code,  the  defendant,  if  over  the  age  of  sixteen  years,  must 
forthwith  be  placed  under  the  care  and  supervision  of  the  probation  officer  of  the 
court  committing  him,  until  the  expiration  of  the  period  of  probation  and  the  com- 
pliance with  the  terms  and  conditions  of  the  sentence,  or  of  the  suspension  thereof. 
Where,  however,  the  suspension  has  been  terminated  as  provided  in  section  1203  of 
the  Penal  Code,  and  the  suspension  of  the  sentence,  or  of  the  execution  revoked, 
and  the  judgment  pronounced,  the  defendant  must  forthwith  be  committed  to  the 
custody  of  the  proper  officer  and  be  detained  until  the  judgment  be  complied  with. 
§  3.  This  act  shall  take  effect  immediately. 

Appointment  of  Probation  Officers 

Chapter  35,  Feb.  23,  1903  :  adds  Code  of  Civil  Procedure,   §    131. 

AN  ACT  to  amend  an  act  entitled  "  An  act  to  establish  a  Code  of  Civil  Procedure," 
approved  March  11,   1872,  by  adding  a  new  section  thereto,  to  be  numbered  131, 
relating  to  the  powers  xand  duties  of  the   courts  of  the   state  in  the  appointment 
of  probation  officers,  and  defining  the  duties  and  powers  of  such  officers. 
Section    1.    A  new  section,   §   131,   is  added  to  part  1,  title  1,   chapter  7,  article  2, 
of  the  Code  of  Civil  Procedure  of  the  State  of  California,  to  read  as  follows  : 

§131.1.  The  judges  and  justices  of  the  courts  having  original  jurisdiction  of 
criminal  actions  in  this  state  shall,  from  time  to  time,  if  in  their  judgment  the  inter- 
ests of  justice  will  be  promoted  thereby,  appoint  a  person  or  persons  from  among  the 
officers  of  any  charity  organization,  society,  associated  charities,  or  any  strictly  non- 


* 
130  REPORT  OF  THE   PROBATION  COMMISSION. 

sectarian  charitable  association,  or  from  among  the  citizens,  either  men  or  women, 
to  perform  the  duties  oi  probation  officer,  as  hereinafter  described,  within  the 
jurisdiction  and  under  the  direction  of  said  court ;  to  hold  such  office  during  the 
pleasure  of  said  judge  or  justice  making  such  appointment. 

2.  No    probation     officer     appointed     under    the    provisions     of    this     section     shall 
receive   compensation   for   service    as   such   probation    officer ;    provided,   however,   that 
the  probation  officer  shall   be  allowed  his  necessary  expenses,  and  the  same  shall   be 
a  charge  upon    the   county   in   which   the   court  appointing   him   has   jurisdiction,    and 
the  said  expenses   shall  be  paid   out  of  the  county   treasury  upon  a  warrant  therefor 
issued  by  the  said  court. 

3.  Every  probation  officer  so  appointed  shall,  when  so  directed  by  the  court,  inquire 
into   the  antecedents,   character,   history   and   offense   of   persons   over  the   age   of   six- 
teen   years    arrested    for    a    crime    within    the    jurisdiction    of    the    court    appointing 
him,    and   shall   report   the   same   to   the  court.      It  shall   be   his    duty   to    make    such 
report  of  all  cases  investigated  by  him,   of  all  cases  placed  in  his  care  by  the  court, 
and  of  all   other  duties  performed  by  him  in   the  discharge  of  his   office,   as   shall   be 
prescribed   by   the   court   or  judge   making    the    appointment,    or    his    successor,   or  by 
the   court  or  judge   assigning   the   case   to   him,    or  his   successor,   which    report   shall 
be  filed  with  the  clerk  of  the  court,   or  where   there  is  no  clerk,   the  justice  thereof. 
He   shall   keep   a  complete   and   accurate   record   of   each   case   committed   to   his  care 
or  investigated  by  him,  in  suitable  books  ;   also  a  record  of  the  conduct  of  the  person 
committed  to  his  care  during  such  term  of  probation,  which  record  shall  be  a  part  of 
the    records   of   the   court,   and   shall    at   all   times    be   open   to   the   inspection    of   the 
court,    or    any   person   appointed    by    the    court,    for    that   purpose,    as    well    as    of    all 
magistrates   and   the  chief   of   police  or  other  head  officer   of   police,   unless  otherwise 
ordered  by  the  court. 

4.  He  shall  furnish  to  each  person   released  on  probation  committed  to  his  care  a 
written   statement  of  the   terms   and  conditions   of   his   probation,   and  shall   report   to 
the  court,  judge,  or  justice  appointing  him,   any  violation  of  the  terms  and  conditions 
imposed  by  such  court  on  the  person  placed  in  his  care. 

5.  Such  probation  officer  shall  have;  as  to  thq  person  so  committed  to  his  care,  the 
powers  of  a   peace  officer. 

Section  2.     This   act  shall   take   effect   immediately. 


Juvenile  Courts  and  Probation 

Chapter   43,    February   26,    1903. 

AN  ACT  denning  and  providing  for  the  control,  protection,  and  treatment  of  dependent 
and  delinquent  children  ;  prescribing  the  powers  and  duties  of  courts  with  respect 
thereto;  providing '  for  the  appointment  of  probation  officers,  and  prescribing 
their  duties  and  powers ;  providing  for  the  separation  of  children  from  adults 
when  confined  in  jails  or  other  institutions ;  providing  for  the  appointment  of 
boards  to  investigate  the  qualifications  of  organizations  receiving  children  under 
this  act,  and  prescribing  the  duties  of  such  boards ;  and  providing  when  pro- 
ceedings under  this  act  shall  be  admissible  in  evidence. 

Section  1.  This  act  shall  apply  only  to  children  under  the  age  of  sixteen  years 
not  now  or  hereafter  inmates  of  a  state  institution,  or  any  reform  school  for 
juvenile  offenders,  or  any  institution  incorporated  under  the  laws  of  the  state  for 
the  care  and  education  of  children.  For  the  purposes  of  this  act  the  words 
"  dependent  child  "  shall  mean  any  child  under  the  age  of  sixteen  years  that  is 
found  begging,  or  receiving  or  gathering  alms  (whether  actually  begging  or  under 
the  pretext  of  selling  or  offering  for  sale  anything),  or  being  in  any  street,  road, 
or  public  place  for  the  purpose  of  so  begging,  gathering,  or  receiving  alms ;  or 
that  is  found  wandering  and  not  having  any  home  or  any  settled  place  of  abode, 
or  proper  guardianship,  or  visible  means  of  subsistence ;  or  that  is  found  destitute, 
or  whose  home,  by  reason  of  neglect,  cruelty,  or  depravity  on  the  part  of  its  parents, 
guardian,  or  other  person  in  whose  care  it  may  be,  is  an  unfit  place  for  such  child  ; 
or  that  frequents  the  company  of  reputed  criminals  or  prostitutes,  or  that  is  found 
living  or  being  in  any  house  of  prostitution  or  assignation,  or  that  habitually  visits, 
without  parent  or  guardian,  any  saloon,  place  of  entertainment  where  any  spirituous 


REI'OHT    OF    THE    PROKATIoX    (N)M  MISSION.  131 

liquors,  or  wine,  or  intoxicating  or  malt  liquors  are  sold,  exchanged,  or  given  away, 
or  who  is  incorrigible,  or  who  is  a  persistent  truant  from  school.  The  words 
"  delinquent  child  "  shall  include  any  child  under  the  age  of  sixteen  years  who 
violates  any  law  of  this  state,  or  any  ordinance  of  any  town,  city,  county,  or  city 
and  county,  of  this  state. 

§  2.  In  counties  having  more  than  one  judge  of  a  superior  court,  the  judges 
of  such  court  shall  from  time  to  time  designate  one  or  more  of  their  number  whose 
duty  it  shall  be  to  hear  all  cases  coming  under  this  act.  In  the  cities  of  the 
first  class  such  designation  shall  be  made  by  the  presiding  judge.  The  orders 
and  findings,  if  any,  of  the  superior  court,  in  all  cases  coming  under  the  pro- 
visions of  this  act,  shall  be  entered  in  a  book  to  be  kept  for  that  purpose  and 
known  as  the  "  juvenile  record,"  and  the  court  acting  under  this  act,  for  convenience, 
may  be  called  the  "  juvenile  court."  In  justices'  courts  having  more  than  one 
justice  of  the  peace,  and  in  police  courts  having  more  than  one  judge,  the  justices 
of  the  peace,  and  the  judges  of  the  police  courts,  from  time  to  time  shall  designate 
one  of  their  respective  number  whose  duty  it  shall  be  to  hear  all  cases  coming 
under  this  act.  All  cases  coming  under  the  provisions  of  this  act  shall  be  heard 
at  a  special  session  of  the  court,  and  no  matter  other  than  cases  under  this  act 
shall  be  on  the  calendar,  or  shall  be  heard  at  such  session,  nor  shall  there  be  per- 
mitted to  be  present  at  such  special  session  any  person  on  trial,  or  awaiting  trial, 
who  does  not  come  under  the  provisions  of  this  act. 

§  3.  Any  citizen  of  the  state  may  file  with  the  county  clerk  a  petition  showing 
that  there  is  within  the  county  a  dependent  child,  a-nd  praying  that  the  superior 
court  deal  with  such  child  as  provided  in  this  act.  Such  petition  shall  be  verified, 
and  shall  contain  a  statement  of  the  facts  constituting  such  dependency  as  pro- 
vided in  section  one  of  this  act. 

§  4.  Upon  the  filing  of  the  petition,  provided  for  in  section  three  hereof,  a 
citation  shall  issue,  requiring  the  person  having  custody  or  control  of  the  child, 
or  with  whom  the  child  may  be,  to  appear  with  the  child  at  a  place  and  time 
stated  in  the  citation.  Service  of  such  citation  must  be  made  at  least  twenty-four 
hours  before  the  time  stated  therein.  The  parents  of  the  child,  if  living,  and  if 
their  place  of  residence  be  known,  and  it  be  within  the  county  in  which  the  court 
sits,  or  his  legal  guardian,  if  any,  or  if  there  be  neither  parent  nor  guardian,  or 
if  his  or  her  residence  is  not  known,  then  some  relative,  if  there  be  any,  and 
if  his  residence  be  known,  and  it  be  within  the  county  where  the  court  sits,  shall 
be  notified  of  the  proceedings,  and  in  any  case,  the  judge  may  appoint  some  suitable 
person  to  act  in  behalf  of  the  child,  and  may  order  such  further  notice  of  the  pro- 
ceeding to  be  given  as  he  may  deem  proper.  If  the  person  cited  as  herein  provided, 
shall  fail,  without  reasonable  cause,  to  appear  and  abide  by  the  order  of  the  court, 
or  to  bring  the  child,  he  may  be  proceeded  against  as  in  case  of  contempt  of  court. 
In  case  the  citation  cannot  be  served,  or  the  party  served  fails  to  obey  the  same, 
and  in  any  case  in  which  it  shall  be  made  to  appear  to  the  court  that  such  citation 
will  be  ineffectual,  a  warrant  of  arrest  may  issue  on  the  order  of  the  court,  either 
against  the  parent  or  guardian,  or  the  person  having  the  custody  of  the  child,  or 
with  whom  the  child  may  be,  or  against  the  child  itself,  or  any  of  said  persons. 
On  the  return  of  the  citation  or  other  process,  or  as  soon  thereafter  as  may  be, 
the  court  shall  proceed  to  hear  and  dispose  of  the  case  in  a  summary  manner. 
Until  the  final  disposition  of  any  case  the  child  may  be  retained  in  the  possession 
of  the  person  having  charge  of  the  same,  or  may  be  kept,  upon  the  order  of  the 
court,  in  some  suitable  place,  provided  by  the  county,  or  city  and  county,  or  may 
be  held  otherwise,  as  the  court  may  direct. 

§  5.  When  any  child  under  the  age  of  sixteen  years  shall  be  found  to  be  dependent, 
•within  the  meaning  of  this  act,  the  court  may  make  an  order  committing  the  child, 
for  such  time  during  its  minority  as  the  .court  may  deem  fit,  to  the  care  of  some 
reputable  citizen  of  good  moral  character,  or  to  the  care  of  some  association,  society, 
cr  corporation  willing  to  receive  it,  embracing  in  its  objects  the  purpose  of  caring 
for  or  obtaining  homes  for  dependent  or  neglected  children.  The  court  may  there- 
after set  aside,  change,  or  modify  such  order. 

§  6.  Any  judge  of  the  superior  court,  acting  under  this  act,  shall  have  authority 
to  appoint  or  designate  one  or  more  discreet  persons  of  good  character,  of  either  sex, 
to  serve,  during  the  pleasure  of  the  court  making  the  appointment,  as  probation 
officers  of  the  superior  court,  and  of  such  justices'  court,  justice  of  the  peace  and 
police  court,  or  either  or  any  thereof,  as  may  be  designated  in  the  order  appointing 


132  REPORT  OF  THE  PROBATION  COMMISSION. 

such  officer.  When  more  than  one  probation  officer  is  appointed,  the  court  may 
designate  one  of  the  probation  officers  as  chief  probation  officer  and  the  others  as 
deputy  probation  officers,  and  it  shall  be  the  duty  of  the  chief  probation  officer  to 
see  that  the  deputies;  properly  perform  their  duties.  In  case  a  probation  officer  shall 
be  appointed  to  act  under  any  court,  judge,  justice  of  the  peace,  or  police  judge, 
it  shall  be  the  duty  of  the  clerk  of  the  court  appointing  said  officer,  or  if  there 
be  no  clerk,  it  shall  be  the  duty  of  the  court,  justice  of  the  peace,  or  police  judge, 
if  practicable,  to  notify  the  said  probation  officer  in  advance  when  any  child  is  to 
be  brought  before  said  court.  It  shall  be  the  duty  of  the  said  probation  officer  to 
make  such  investigation  as  may  be  required  by  the  court ;  to  be  in  court  in  order  to 
represent  the  interests  of  the  child  when  the  case  is  heard  ;  to  furnish  to  the  court 
such  information  and  assistance  as  it  may  require,  and*  to  take  such  charge  of  any 
child  before  and  after  trial,  as  may  be  directed  by  the  court.  A  probation  officer  or 
deputy  probation  officer  under  this  act  shaH  have,  as  to  any  child  committed  to  his 
care,  the  power  of  a  peace  officer.  At  any  time  in  his  own  discretion  such  officer  may 
bring  such  child  before  the  court  committing  such  child  to  his  care  and  custody,  for 
such  further  or  other  action  as  the  court  may  see  fit. 

§  7.  When  any  child  under  the  age  of  sixteen  years  is  arrested  with  or  without 
warrant,  such  child  may  be  taken,  directly  before  a  justice  of  the  peace  or  police 
judge.  In  the  case  of  any  delinquent  child,  the  justice  of  the  peace  or  police  judge 
may  continue  the  hearing  from  time  to  time,  and  may,  at  any  time,  commit  the 
child  to  the  care  and  custody  of  a  probation  officer  and  may  allow  such  child  to 
remain  in  the  home  of  such  child,  subject  to  the  visitation  of  the  probation  officer, 
such  child  to  report  to  the  probation  officer  as  often  as  may  be  required  and  subject 
to  be  returned  to  the  court  for  further  proceedings  whenever  such  action  may  appear 
to  be  necessary.  If  the  justice  of  the  peace  or  police  judge  at  any  time  deems  it 
necessary  or  to  the  best  interests  of  the  child  that  he  should  be  committed  to  a 
state  reform  school  or  to  the  care  and  custody  of  some  association,  society,  or 
corporation,  embracing  in  its  objects  the  care  of  neglected,  dependent,  or  delinquent 
children,  or  should  be  placed  in  a  suitable  family  home,  or  that  a  guardian  should 
be  appointed  for  such  child,  the  justice  of  the  peace  or  police  judge  shall  certify 
the  case  with  a  transcript  of  the  docket  or  other  record  to  the  cierk  of  the  superior 
court  of  the  county,  or  city  and  county,  in  which  the  justices'  court  or  police  court 
is  held,  and  the  officer  having  the  child  in  charge  shall  take  the  child  before  the 
superior  court,  and  in  any  such  case  the  superior  court  may  proceed  to  hear  and 
dispose  of  the  case  in  the  same  manner  as  if  the  child  had  been  brought  before 
the  court  on  petition  as  herein  provided  for  dependent  children.  In  any  case  the 
court  shall  require  a  notice  to  be  given  and  investigation  to  be  made  as  in  other 
cases  under  this  act,  and  may  adjourn  the  hearing  from  time  to  time  for  that 
purpose. 

§  8.  In  the  case  of  a  child  alleged  to  be  delinquent,  within  the  meaning  of  this  act, 
and  brought  before  the  superior  court,  the  said  court  may  continue  the  hearing  from 
time  to  time,  and  may  at  any  time  commit  the  child  to  the  care  or  custody  of  a 
probation  officer,  duly  appointed  by  the  court,  and  may1  allow  such  child  to  remain  in 
the  home  of  such  child  subject  to  the  visitation  of  the  probation  officer,  such  child 
to  report  to  the  probation  officer  as  often  as  may  be  required  and  subject  to  be 
returned  to  the  court  for  further  proceedings  whenever  such  action  may  appear 
necessary,  or  the  court  may  commit  the  child  to  the  care  or  custody  of  the  proba- 
tion officer,  to  be  placed  in  a  suitable  family  home,  subject  to  the  friendly  super- 
vision of  such  probation  officer,  and  the  further  order  of  the  court,  or  it  may 
authorize  the  said  probation  officer  to  board  out  the  said  child  in  some  suitable 
family  home  in  case  provision  is  made  by  voluntary  contribution,  or  otherwise,  for 
the  payment  of  the  board  of  such  child,  until  a  suitable  provision  may  be  made 
for  the  child  in  a  home  without  such  payment.  Or  the  court  may  commit  the  child 
for  such  time  during  its  minority,  as  the  court  may  deem  fit,  to  the  care  and 
custody  of  some  association,  society,  or  corporation  that  will  receive  it,  embracing 
in  its  objects  the  care  of  neglected,  dependent  or  delinquent  children.  Or  the  court 
may  commit  such  child  to  a  state  reform  school,  as  is  now,  or  may  hereafter  be 
provided  by  law.  The  court  may  thereafter  set  aside,  change,  or  modify  such  order. 

§  9.  No  court  or  magistrate  shall  commit  a  child  under  twelve  years  of  age  to  a 
jail,  prison  or  police  station,  but  if  such  child  is  unable  to  give  bail  it  may  be 
committed  to  the  care  of  the  sheriff,  police  officer,  constable,  or  probation  officer, 
who  shall  keep  such  child  in  some  suitable  place  provided  by  the  city,  county,  or 


REPORT  OF  THE  PROBATION  COMMISSION.  133 

city  and  county,  outside  of  the  enclosure  of  any  jail  or  police  station.  When  any 
•  child  shall  be  sentenced  to  confinement  in  any  institution  to  which  adult  convicts  or 
prisoners  are  sentenced  or  where  adults  are  confined,  it  shall  be  unlawful  to  confine 
such  child  in  the  same  room  or  yard  or  enclosure  with  such  adult  convicts  or 
prisoners,  or  to  permit  such  child  to  come  or  remain  within  sight  of  or  meet  or  come 
into  or  remain  in  the  presence  of  such  adult  convicts  or  prisoners* 

§  10.  The  superior  court  of  each  county,  and  city  and  county,  may  appoint  a 
board  of  six  reputable  citizens  of  either  sex,  who  shall  serve  without  compensation, 
whose  duty  it  shall  be  to  investigate  all  societies,  associations,  end  corporations 
receiving,  or  applying  to  receive,  children  under  this  act ;  the  said  board  shall  report 
to  the  court  from  time  to  time  as  to  the  qualifications  of  such  societies,  associations, 
and  corporations.  Said  board,  if  required  by  the  court,  shall  also  investigate  and 
report  as  to  the  qualifications  cf  any  person  by  or  on  behalf  of  whom  an  application 
is  made  to  be  appointed  as  probation  officer. 

§  11.  Nothing  in  this  act  shall  be  construed  to  repeal  any  portion  of  the  act 
entitled  "An  act  to  establish  a  state  reform  school  for  juvenile  offenders,  and  to 
make  an  appropriation  therefor,"  approved  March  eleventh,  eighteen  hundred  and 
eighty-nine,  or  any  amendments  thereto,  or  the  act  entitled  "An  act  to  establish  the 
California  home  for  the  care  and  training  of  feeble-minded  children,  and  to  provide 
for  the  maintenance  of  the  same,"  approved  March  eighteenth,  eighteen  hundred  and 
eighty-five,  or  any  of  the  amendments  thereto,  or  the  act  entitled  "An  act  to 
establish  a  school  of  industry,  and  provide  for  the  maintenance  and  management  of 
the  same,  and  to  make  an  appropriation  therefor,"  approved  March  eleventh,  eighteen 
hundred  and  eighty-nine,  or  any  amendments  thereto.  And  in  all  commitments  to  said 
institutions,  the  acts  in  reference  to  said  institutions  shall  govern  the  same. 

§  12.  No  record  of,  or  testimony  concerning  any  proceeding  against  any  child 
under  this  act  shall  be  admissible  as  evidence  against  such  child  in  any  other  court 
or  proceeding,  except  in  proceedings  under  this  act. 

§  13.  This  act  shall  be  liberally  construed,  to  the  end  that  its  purpose  may  be 
carried  out,  to  wit :  That  the  care,  custody  and  discipline  of  a  child  shall  approxi- 
mate as  nearly  as  may  be  that  which  should  be  given  by  its  parents,  and  in  all 
cases  where  it  can  be  properly  done,  the  child  to  be  placed  in  an  approved  family 
home,  with  people  of  the  same  religious  belief,  and  become  a  member  of  the  family 
by  legal  adoption  or  otherwise. 

Appointment  of  Probation  Committees 

Chap.   579,  Mar.   22,   1905,   amdg.   Code  of  Civil   Procedure,    §   131. 

AN  ACT  to  amend  an  act  entitled,  "An  ?.ct  to  establish  a  Code  of  Civil  Procedure," 
approved  March  11,  1872,  by  amending  «ection  131  thereof  relating  to  powers 
and  duties  of  the  courts  in  providing  for  the  creation  and  appointment  and  term 
of  office  of  boards,  to  be  known  as  "  Probation  Committees,"  providing  for  the 
creation  and  appointment  of  probation  officers,  prescribing  their  terms  of  office, 
duties  and  powers  and  fixing  their  salaries. 

Section  1.  Section  number  one  hundred  and  thirty-one,  of  the  Code  of  Civil  Pro- 
cedure, is  hereby  amended  to  read  as  follows  : 

§  131.  Sub.  1.  The  judge  of  thev  superior  court  in  and  for  each  county  or  city 
and  connty  of  the  state,  or  where  there  are  more  than  one  judge  of  said  court, 
a  majority  of  the  judges  thereof  by  an  order  entered  in  the  minutes  of  such  court, 
may  appoint  seven  discreet  citizens  of  good  moral  character,  and  of  either  sex,  to 
be  known  as  probation  committee,  and  shall  fill  all  vacancies  occurring  in  such 
committee.  The  clerk  of  said  court  shall  immediately  notify  each  person  appointed 
en  said  committee  and  thereupon  said  persons  shall  appear  before  the  judge  of  said 
superior  court  in  said  county  and  qualify  by  taking  oath,  to  be  entered  in  the 
minutes  of  said  superior  court,  to  faithfully  perform  the  duties  of  a  member  of 
puch  probation  committee. 

Sub.  2.  The  members  of  such  probation  committee  shall  hold  ofiice  for  four 
years,  and  until  their  successors  are  appointed,  provided  that  of  those  first  appointed, 
one  shall  hold  office  for  one  year,  two  for  two  years,  two  for  three  years,  and  two 
for  four  years,  the  terms  for  which  the  respective  members  first  appointed  shall 
hold  office  to  be  determined  by  lot  as  soon  after  their  appointment  as  may  be. 


134  llEI'OKT    OF    THE    PROBATION    COMMISSION. 

When  any  vacancy  occurs  in  any  probation  committee  by  expiration  ol  th-e  term 
of  office  of  any  member  thereof,  the  successor  shall  be  appointed  to  hold  for  the 
term  of  four  years;  when  any  vacancy  occurs  for  any  other  reason,  the  appointee 
shall  hold  for  the  unexpired  term  of  his  predecessor. 

Sub.   3.   The  members  of  the  probation   committee  shall  serve  without  compensation. 

Sub.  4.  The  superior  cor.rt  or  any  judge  thereof  may  at  any  time  require  said 
probation  committee  or  a  probation  officer  to  examine  into  the  qualifications  and 
management  of  any  society,  association  or  corporation,  other  than  a  state  institu- 
tion, applying  to  receive  any  child  or  children  under  this  act,  and  to  report  to  the 
court,  provided  that  nothing  in  this  section  shall  be  construed  as  giving  any  proba- 
tion committee  or  probation  officer  any  power  to  enter  any  institution  without  the 
consent,  of  such  institution. 

It  shall  be  the  duty  of  each  probation  committee  prior  to  December  first  in  each 
year  to  prepare  a  report  in  writing  on  the  qualifications  and  management  of  all 
•societies,  associations  and  corporations,  except  .state  institutions,  applying  for  or 
receiving  any  child  under  this  act  from  the  courts  of  their  respective  counties,  and 
in  said  report  said  committee  may  make  such  suggestions  or  comments  as  to  them 
may  seem  fit;  said  report  to  be  filed  in  the  office  of  the  clerk  of  the  court  appoint- 
ing such  committee,  for  the  information  of  the  judges  thereof. 

Sub.  5.  In  counties  of  the  first  class  there  shall  be  one  probation  officer  and  not 
more  than  five  deputy  probation  officers  ,  in  counties  of  the  second  class,  one  proba- 
tion officer  and  not  more  than  one  deputy  probation  officer;  in  all  other  counties  there 
shall  te  one  probation  officer.  In  any  county  or  city  and  county  additional  deputy 
probation  officers  may  be  appointed  and  their  appointment  approved  or  disapproved 
as  hereinafter  provided,  from  time  to  time  when  in  the  opinion  of  the  court  it  may 
be  necessary,  provided  that  they  serve  without  salary. 

Sub.  6.  The  probation  officer  and  deputy  probation  officers  in  all  the  counties 
of  the  ftate  shall  be  allowed  such  necessary  incidental  expenses  as  may  be  authorized 
by  a  judge  of  the  superior  court ;  and  the  same  shall  be  a  charge  upon  the  county 
in  which  the  court  appointing  them  has  jurisdiction,  and  the  said  expenses  shall  b^> 
paid  out  of  the  county  treasury  upon  a  warrant  therefor  issued  by  the  said  court. 

Sab.  7.  The  offices  of  probation  officers  and  deputy  probation  officers  are  hereby 
created.  The  appointments  of  probation  officers  and  deputy  probation  officers  to 
serve  hereunder  in  any  county  or  city  and  county  shall  be  made  by  the  probation 
committee  of  said  county  or  city  and  county  from  discreet  citizens  of  good  moral 
character  The  appointments  by  each  probation  committee  shall  be  made  in  writing. 
signed  by  a  majority  of  the  member.*  of  such  committee,  and  filed  with  the  county 
clerk  of  such  county,  and  shril  be  subject  to  and  shall  take  effect  upon  approval 
by  the  judge  of  the  superior  court  appointing  such  committee,  or  by  a  majority  of 
the  judges  thereof  if  there  be  more  than  one ;  such  approval  to  be  by  order  entered 
in  the  minutes  of  said  court.  The  term  of  office  of  probation  officers  and  of  deputy 
probation  officers  shall  be  two  years  from  the  date  of  the  said  approval  of  their 
several  appointments.  Such  probation  officers  and  deputy  probation  officers  may 
at  any  time  be  removed  by  the  judge  approving  their  appointment  in  his  discretion. 

Sab.  8.  Any  of  the  duties  of  the  probation  officer  may  be  performed  by  a  deputy 
probation  officer  and  shall  be  performed  by  him  whenever  detailed  to  perform  the 
same  by  the  probation  officer ;  and  it  shall  be  the  duty  of  the  probation  officer 
to  see  that  the  deputy  probation  officer  performs  his  duties. 

Sub.  9.  It  is  the  intention  of  this  act  that  the  same  probation  committees,  the 
same  probation  officers  and  deputy  probation  officers  shall  be  appointed  and  serve 
under  .this  act  as  under  the  act  known  as  the  juvenile  court  act,  and  entitled  "An 
act  defining  and  providing  for  the  control,  protection  and  treatment  of  dependent  and 
delinquent  children  ;  prescribing  the  powers  and  duties  of  courts  with  respect  thereto  ; 
providing  for  the  appointment  of  probation  officers,  and  prescribing  their  powers  and 
duties  ;  providing  for  the  separation  of  children  from  adults  when  confined  in  jails 
or  other  institutions ;  providing  for  the  appointment  of  boards  to  investigate  the 
qualifications  of  organizations  receiving  children  under  this  act,  and  prescribing  the 
duties  of  such  boards ;  and  providing  when  proceedings  under  this  act  shall  be  ad- 
missible in  evidence,"  and  approved  February  26.  1903  ;  or  under  any  laws  amend- 
ing or  superseding  the  same. 

Sub.  10.  Either  at  the  time  of  the  arrest  for  crime  of  any  person  over  sixteen 
years-  of  age,  or  at  the  time  of  the  plea  or  verdict  of  guilty,  the  probation  officer 
of  the  county  of  the  jurisdiction  of  said  crime  shall,  when  so  directed  by  the  court. 


REPORT  OF  THE  PROBATION  COMMISSION.  135 

inquire  into  the  antecedents,  character,  history,  family  environment  and  offense  of 
such  person,  and  must  report  the  same  to  the  court  and  file  his  report  in  writing 
in  the  records  of  said  court.  His  report  shall  contain  his  recommendation  for  or 
against  the  release  of  such  person  on  probation.  If  any  such  person  shall  be  re- 
leased on  probation  and  committed  to  the  care  of  the  probation  officer,  such  officer 
must  keep  a  complete  and  accurate  record  in  suitable  books  of  the  history  of  the 
case  in  court  and  of  the  namo  of  the  probation  officer,  and  his  acts  in  connection 
with  said  case ;  also  the  age,  sex,  nativity,  residence,  education,  habits  of  temper- 
ance, whether  married  or  single,  and  the  conduct,  employment  and  occupation  and 
parents'  occupation  and  condition  of  such  person  so  committed  to  his  care  during 
the  term  of  such  probation,  and  the  result  of  such  probation,  which  record  shall  be 
and  constitute  a  part  of  the  records  of  the  court  and  shall  at  all  times  be  open 
to  the  inspection  of  the  court  or  any  person  appointed  by  the  court  for  that  purpose, 
as  \vell  as  of  all  magistrates  and  the  chief  of  police  or  other  head  of  the  police, 
unless  otherwise  ordered  by  the  court.  The  said  books  of  record  shall  be  furnished 
by  the  county  clerk  of  said  county,  and  shall  be  paid  for  out  of  the  county  treasury. 

Sub.  11.  The  probation  officer  shall  furnish  to  each  person  released  on  probation 
and  committed  to  his  care,  a  written  statement  of  the  terms  and  conditions  of  his 
probation,  and  shall  report  to  the  court,  judge,  or  justice  appointing  him,  any  viola- 
tion or  breach  of  the  terms  and  conditions  imposed  by  such  court  on  the  person 
placed  in  his  care. 

Sub.  12.  The  probation  officers  and  deputy  probation  officers  appointed  under  thi.s 
section  shall  serve  as  such  probation  officers  in  all  courts  having  original  jurisdiction 
of  criminal  actions  in  this  state. 

Sub.  13.  Such  probation  officer  and  each  deputy  probation  officer  shall  have, 
as  to  the  person  so  committed  to  the  care  of  such  probation  officer  or  deputy  proba- 
tion officer,  the  powers  of  a  peace  officer. 

Juvenile  Courts  and  Probation  System 
Chapter  610,  March  22,  1905:  amdg.  1903  ch.  43,  §  1-13,  and  adding   §   14-21. 

AX  ACT  to  amend  an  act  entitled  "An  act  denning  and  providing  for  the  control, 
protection  and  treatment  of  dependent  and  delinquent  children ;  prescribing 
the  powers  and  duties  of  courts  with  respect  thereto  ;  providing  for  the  appoint- 
ment of  probation  officers,  and  prescribing  their  duties  and  powers ;  providing 
for  the  separation  of  children  from  adults  when  confined  in  jails  or  other 
institutions ;  providing  for  the  appointment  of  boards  to  investigate  the  quali- 
fications of  organizations  receiving  children  under  this  act,  and  prescribing 
the  duties  of  such  boards ;  and  providing  when  proceedings  under  this  act 
shall  be  admissible  in  evidence." 

Section  1.  The  title  of  said  act  is  amended  so  as  to  read  as  follows :  ''An  act 
defining  and  providing  for  the  control,  protection  and  treatment  of  dependent  and 
delinquent  children ;  defining  such  children ;  prescribing  the  powers  and  duties 
of  courts  in  respect  thereto ;  providing  for  the  creation  and  appointment  of  pro- 
bation officers,  and  prescribing  their  duties,  powers,  terms  of  office  and  compensation  ; 
providing  for  the  commitment  and  confinement  of  such  children ;  providing  for 
the  creation  and  appointment  of  boards,  to  be  known  as  probation  committees ; 
to  investigate  the  qualifications  of  organizations  receiving  children  under  this  act ; 
and  prescribing  the  powers  and  duties  of  such  boards,  with  respect  to  probation 
officers  and  otherwise,  and  prescribing  the  terms  of  office  of  the  members  of  such 
boards  ;  providing  for  the  powers  of  courts  and  judges  with  respect  to  the  appoint- 
ment of  probation  officers  and  removal  of  same,  and  with  respect  to  probation  com- 
mittees and  members  thereof ;  and  providing  when  proceedings  under  this  act  shall 
:be  admissible  in  evidence." 

§  2.  Section  one  of  said  act  is  hereby  amended  so  as  to  read  as  follows  : 
§  1.  This  act  shall  apply  only  to  children  under  the  age  of  sixteen  years  not 
now  or  hereafter  inmates  of  a  state  institution.  For  the  purpose  of  this  act  the 
words  "  dependent  child  "  shall  mean  any  child  under  the  age  of  sixteen  years 
who  is  found  begging,  or  receiving  or  gathering  alms  (whether  actually  begging 
•or  under  the  pretext  of  selling  or  offering  for  sale  anything),  or  being  in  any 
street,  road,  or  public  place  for  the  purpose  of  so  begging,  gathering  or  receiving 
alms ;  or  who  is  found  wandering  and  not  having  any  home  or  settled  place  of 


130  REPORT  OF  THE  PROBATION  COMMISSION. 

abode,  or  proper  guardianshhip,  or  visible  means  of  subsistence ;  or  who  is  found 
destitute,  or  whose  home,  by  reason  of  neglect,  cruelty  or  depravity  on  the  part 
of  either  of  its  parents  or  of  its  guardian,  or  other  person  in  whose  care  It  may 
be,  is  an  unfit  place  for  such  child ;  or  who  frequents  the  company  of  reputed 
criminals  or  prostitutes,  or  who  is  found  living  or  being  in  any  house  of  prosti- 
tution or  assignation,  or  who  habitually  visits,  without  parent  or  guardian,  any 
saloon,  or  place  where  any  spirituous  liquors  or  wine,  or  intoxicating  or  malt 
liquors  are  sold,  exchanged,  or  given  away,  or  who  is  incorrigible,  or  who  is  a 
persistent  truant  from  school.  The  words  "  delinquent  child  "  shall  include  any 
child  under  the  age  of  sixteen  years  who  violates  any  law  of  this  state,  or  any 
ordinance  of  any  town,  city,  county,  or  city  and  county  of  this  state. 
§  3.  Section  two  of  this  act  is  hereby  amended  to  read  as  follows  : 
§  2.  In  counties  having  more  than  one  judge  of  a  superior  court,  the  judges 
of  such  court  may  from  time  to  time  designate  one  or  more  of  their  number 
whose  duty  it  shall  be  to  hear  all  case.s  coming  under  this  act.  In  counties  of 
the  first  class,  such  designation  shall  be  made  by  the  presiding  judge.  The  orders 
and  fmdingSj  if  any,  of  the  superior  .court,  in  all  cases  coming  under  the  provisions 
of  this  act,  shall  be  entered  in  a  book  to  be  kept  for  that  purpose  and  known 
as  the  "  Juvenile  Record,"  and  the  court  acting  under  this  act  shall  be  called 
the  "  Juvenile  Court."  In  justices'  courts  having  more  than  one  justice  of  the 
peace,  and  in  police  courts  having  more  than  one  judge,  the  justices  of  the  peace 
and  the  judges  of  the  police  courts,  from  time  to  time  may  designate  one  of  their 
respective  number  whose  duty  it  shall  be  to  hear  all  cases  coming  under  this 
act.  All  cases  coming  under  the  provisions  of  this  act  shall  be  heard  at  a  special 
separate  session  of  the  court,  and  no  matter  other  than  cases  under  this  act  shall 
be  on  the  calendar,  or  shall  be  heard  at  such  session,  nor  shall  there  be  permitted 
to  be  present  at  such  session  any  person  on  trial,  or  awaiting  trial,  or  under 
accusation  of  crime,  who  does  not  come  under  the  provisions  of  this  act. 
§  4.  Section  three  of  said  act  is  hereby  amended  to  read  as  follows : 
§  3.  Any  citizen  of  the  state  may  file  with  the  clerk  of  the  superior  court  a 
petition  showing  that  there  is  within  the  county,  or  residing  within  the  county, 
a  dependent  child,  and  praying  that  the  superior  court  deal  with  such  child  as 
provided  in  this  act.  Such  petition  shall  be  verified,  and  shall  contain  a  statement 
of  the  facts  constituting  such  dependency  as  provided  in  section  one  of  this  act. 
There  shall  be  no  fee  for  filing  said  petition. 

§  5.  Section  four  of  said  act  is  hereby  amended  to  read  as  follows : 
§  4.  Upon  the  filing  of  the  petition,  provided  for  in  section  three  hereof,  a 
citation  shall  issue  requiring  the  person  having  custody  or  control  of  the  child,  or 
with  whom  the  child  may  be,  to  appear  with  the  child  at  a  place  and  time  stated 
in  the  citation.  Service  of  such  citation  must  be  made  at  least  twenty-four  hours 
before  the  time  stated  therein.  The  parents  or  guardian  of  the  child,  if  residing 
in  the  county  in  which  the  court  sits,  and  if  their  places  of  residence  be  known 
to  the  petitioner,  or  if  there  be  neither  parent  nor  guardian  so  residing 
or  if  their  places  of  residence  be  not  known  to  the  petitioner,  then 
some  relative  of  the  child,  if  there  be  any  residing  in  said  county,  and  if 
his  residence  and  relationship  to  such  child  be  known  to  petitioner,  shall  be  notified 
of  the  proceedings  by  service  of  citation  requiring  them  to  appear  at  the  time 
and  place  to  be  stated  in  such  citation.  In  any  case  the  judge  may  appoint  some 
suitable  person  to  act  in  behalf  of  the  child,  and  may  order  such  further  notice 
of  the  proceeding  to  be  given  as  he  may  deem  proper.  If  any  person  cited  as 
herein  provided,  shall  fail,  without  reasonable  tause  to  appear  and  abide  by  the 
order  of  the  court,  or  to  bring  the  child,  if  so  required  in  the  citation,  such  failure 
shall  constitute  a  contempt  of  said  court  and  may  be  punished  as  provided  for 
in  cases  of  contempt  of  court.  In  case  any  such  citation  cannot  be  served,  or 
the  party  served  fails  to  obey  the  same,  and  in  any  case  in  which  it  shall  be  made 
to  appear  to  the  court  that  such  citation  will  be  ineffectual,  a  warrant  of  arrest 
may  issue  on  the  order  of  the  court,  either  against  the  parent  or  guardian, 
or  the  person  having  the  custody  of  the  child,  or  with  whom  the  child  may  be, 
or  against  the  child  itself,  or  any  of  said  persons ;  or  if  there  be  no  person  to- 
be  served  with  citation  as  above  provided,  a  warrant  of  arrest  may  be  issued  against 
the  child  immediately.  On  the  return  of  the  citation  or  other  process,  or  as  soon 
thereafter  as  may  be,  the  court  shall  proceed  to  hear  and  dispose  of  the  case  in- 
a  summary  manner.  Until  the  final  disposition  of  any  case,  the  child  may  be 


REPORT  OF  THE  I'UOP.ATIOX  ('OM  MISSION.  l.v>7 

retained  in  the  possession  of  the  person  having  charge  of  the  same,  or  may  be 
kept,  upon  the  order  of  the  court,  in  some  suitable  place,  provided  by  the  county, 
or  city  and  county,  or  may  be  held  otherwise,  as  the  court  may  direct. 
§  6.  Section  five  of  said  act  is  hereby  amended  to  read  as  follows : 
§  5.  When  any  child  under  the  age  of  sixteen  years  shall  be  found  by  said 
court  or  judge  or  justice  to  be  dependent,  within  the  meaning  of  this  act,  the 
court  may  make  an  order  committing  the  child,  for  such  time  during  its  minority 
as  the  court  may  deem  fit,  to  the  care  of  some  reputable  citizen  of  good  moral 
character,  or  to  the  care  of  some  association,  society  or  corporation  willing  to 
receive  it,  embracing  in  its  objects  the  purpose  of  caring  for  or  obtaining  homes 
for  dependent  or  neglected  children,  or  to  the  care  of  the  probation  officers  or 
other  person  to  remain  in  the  home  of  the  child.  The  court  may  thereafter  set 
aside,  change  or  modify  such  order. 

§  7.  Section  six  of  said  act  is  hereby  amended  to  read  as  follows  : 
§  6.  The  judge  of  the  superior  court  in  and  for  each  county  or  city  and  county 
of  the  state,  or  where  there  are  more  than  one  judge  of  said  court,  a  majority 
of  the  judges  thereof  by  an  order  entered  in  the  minutes  of  such  court,  shall 
appoint  seven  discreet  citizens  of  good  moral  character,  and  of  either  sex,  to  be 
known  as  probation  committee,  and  shall  fill  all  vacancies  occurring  in  such  com- 
mittee. The  clerk  of  said  court  shall  immediately  notify  each  person  appointed 
on  said  committee  and  thereupon  said  persons  shall  appear  before  the  judge  of 
said  juvenile  court,  if  there  be  one,  or  otherwise  before  a  judge  of  said  superior 
court  in  said  county  and  qualify  by  taking  oath,  to  be  entered  in  said  juvenile 
record,  if  any,  or  in  the  minutes  of  said  superior  court,  to  faithfully  perform  the 
duties  of  a  member  of  such  probation  committee. 

§  8.  Section  seven  of  said  act  is  hereby  amended  to  read  as  follows  : 
§  7.  The  members  of  such  probation  committees  shall  hold  office  for  four  years,, 
and  until  their  successors  are  appointed,  provided  that  of  those  first  appointed, 
one  shall  hold  office  for  one  year,  two  for  two  years,  two  for  three  years,  and  two 
for  four  years,  the  terms  for  which  the  respective  members  first  appointed  shall 
hold  office  to  be  determined  by  lot  as  soon  after  their  appointment  as  may  be. 
When  any  vacancy  occurs  in  any  probation  committee  by  expiration  of  the  term  of 
office  of  any  member  thereof,  the  successor  shall  be  appointed  to  hold  for  the 
term  of  four  years ;  when  any  vacancy  occurs  for  any  other  reason,  the  appointee 
shall  hold  for  the  unexpired  term  of  his  predecessor. 

§  9.  Section  eight  of  said  act  is  hereby  amended  to  read  as  follows  : 
§  8.  The  members  of  the  probation  committee  shall  serve  without  compensation.' 
§  10.  Section  nine  of  said  act  is  hereby  amended  to  read  as  follows  : 
§  9.  The  superior  court  or  any  judge  thereof  may  at  any  time  require  said 
probation  committee  or  a  probation  officer  to  examine  into  the  qualifications  and 
management  of  any  society,  association  or  corporation,  other  than  a  state  institution, 
applying  to  receive  any  child  or  children  under  this  act,  and  to  report  to  the 
court,  provided  that  nothing  in  this  section  shall  be  construed  as  giving  any  pro- 
bation committee  or  probation  officer  any  power  to  enter  any  institution  without 
the  consent  of  such  institution.  It  shall  be  the  duty  of  each  probation  committee 
prior  to  December  first  in  each  year  to  prepare  a  report  in  writing  on  the  quali- 
fications and  management  of  all  societies,  associations  and  corporations,  except 
state  institutions,  applying  for  or  receiving  any  child  under  this  act  from  the 
courts  of  their  respective  counties,,  and  in  said  report  said  committee  may  make 
suggestions  or  comments  as  to  them  may  seem  fit ;  said  report  to  be  filed  in  the 
office  of  the  clerk  of  the  court  appointing  such  committee,  for  the  information  of  the 
judges  thereof. 

§   11.   Section  ten  of   said  act  is  hereby  amended  to  read  as  follows : 
§    10.   In    counties   of   the    first    class   there   shall    be    one   probation   officer   and    not 
more    than    five    deputy    probation    officers ;     in    counties    of    the    second    class,    one 
probation    officer    and    not    more    than    one    deputy    probation    officer ;     in    all    other 
counties    there    shall    be    one    probation    officer.     In    any    county    or    city    and    county 
additional  deputy  probation  officers  may  be  appointed  and  their  appointment  approved 
or  disapproved   as   hereinafter   provided,   from   time   to   time   when    in   the    opinion    of 
the  court  it  may  be   necessary,   provided   that  they   serve   without    salary. 
§   12.   Section  eleven   of   said  act   is   hereby  amended  to   read  as  follows : 
§    11.   The   salaries   of   the   probation   officers    and    deputy   probation   officers    (except 
as    herein    otherwise   provided)    shall    be    as    follows,    and    shall    be    paid    out    of    the 


1->S  REPORT  OF  THE  PROBATION  COMMISSION. 

county  treasury  of  the  county  for  which  they  are  appointed,  after  being  allowed 
and  audited  in  the  same  manner  as  the  salaries  of  other  county  officers :  In 
counties  of  the  second  class  the  probation  officer  shall  receive  one  hundred  and  twenty- 
five  dollars  per  month,  and  the  deputy  probation  officer  seventy-five  dollars  per  month. 
In  all  other  counties  the  probation  officer  and  the  deputy  probation  officers  shall  serve 
without  compensation,  provided  however,  that  the  probation  officer  and  the  deputy 
probation  officers  in  all  the  counties  of  the  state  shall  be  allowed  such  necessary 
incidental  expenses  as  may  be  authorized  by  a  "judge  of  the  superior  court;  and  the 
same  shall  be  a  charge  upon  the  county  in  which  the  court  appointing  them  has 
jurisdiction,  and  the  said  expenses  shall  be  paid  out  of  the  county  treasury  upon 
a  warrant  therefor  issued  by  the  said  court. 

§    13.   Section    twelve   of   said   act  is   hereby   amended   to    read   as   follows : 

§  12.  The  offices  of  probation  officer  and  deputy  probation  officer  are  hereby 
created.  The  appointments  of  probation  officers  and  deputy  probation  officers  to 
serve  hereunder  in  any  county  or  city  and  county  shall  be  made  by  the  probation 
committee  of  said  county  or  city  and  county  from  discreet  citizens  of  good  moral 
character.  The  appointments  by  each  probation  committee  shall  be  made  in  writing, 
signed  by  a  majority  of  the  members  of  such  committee,  and  filed  with  the  county 
clerk  of  such  county,  and  shall  be  subject  to  and  shall  take  effect  upon  approval 
by  the  judge  of  the  superior  court  appointing  such  committee,  or  by  a  majority  of 
the  judges  thereof  if  there  be  more  than  one  ;  such  approval  to  be  by  order  entered 
in  the  minutes  of  said  court.  The  term  of  office  of  probation  officers  and  of  deputy 
probation  officers  shall  be  two  years  from  the  date  of  said  approval  of  their  several 
appointments.  Such  probation  officers  and  deputy  probation  officers  may  at  any 
time  be  removed  by  the  judge  approving  their  appointment  in  his  discretion. 

§    14.   Section    thirteen    of   said    act   is    hereby   amended   to   read    as   follows : 

§  13.  It  shall  be  the  duty  of  the  clerk  of  any  court  before  which  a  child  is 
brought  under  the  provisions  of  this  act,  or  if  there  be  no  clerk,  then  it  shall  be 
the  duty  of  the  judge  or  justice  of  said  court,  before  the  hearing  of  said  matter, 
to  notify  the  probation  officer  of  the  county  thereof ;  except  in  cases  where  the 
child  is  brought  before  the  court  by  a  society,  association  or  corporation  which 
embraces  within  its  objects  the  care  of  dependent  or  delinquent  children  and  which 
lias  in  the  last  report  thereon  by  the  probation  committee  of  such  county  been 
favorably  passed  upon. 

§  15.  A  new  section  is  hereby  added  to  said  act  to  be  designated  section  fourteen, 
and  to  read  as  follows  : 

§  14.  The  probation  officer  or  deputy  probation  officer  detailed  by  him  for  that 
purpose,  shall  inquire  into  the  child's  antecedents,  character,  history,  family  environ- 
ment and  cause  of  delinquency  qr  dependency,  and  shall  make  his  report  in  writing 
to  the  judge  or  justice  in  the  case  of  every  child  to  be  dealt  with  under  the  pro- 
visions of  this  act  as  a  dependent  or  delinquent  child  ;  but  only  when  the  judge 
so  specially  orders  it  in  the  case  of  a  delinquent  child  who  is  already  in  th>> 
charge  of  a  society,  association  or  corporation  which  embraces  within  its  obj<>(  f 
the  care  of  dependent  children  and  which  has  in  the  last  report  thereon  by  the 
probation  committee  of  such  county  been  favorably  passed  upon.  In  the  event  that 
such  a  society,  association  or  corporation  shall  be  so  in  charge,  it  shall  through 
its  agent  or  superintendent  make  such  report  to  the  judge  in  place  of  the  pro- 
bation officer.  It  shall  be  the  duty  of  said  probation  officer  or  said  deputy  pro- 
bation officer  or  said  agent  or  superintendent  of  such  society,  association  or 
corporation  to  be  present  in  court  in  order  to  represent  the  interests  of  the  child 
when  the  case  is  heard,  and  to  furnish  to  the  court  such  information  and  assistance 
as  it  may  require  and  to  make  the  said  report  at  such  time ;  and  to  take  such 
charge  of  the  child  before  and  after  the  hearing  as  may  be  ordered.  The  pro- 
bation officer  and  each  deputy  probation  officer  shall  have  as  to  any  child  com- 
mitted to  the  care  of  such  probation  officer,  the  powers  of  a  police  officer.  At 
any  time  in  his  discretion  such  officer  or  deputy  rnay  bring  such  child  before  the 
•court  committing  such  child  to  his  care,  for  such  further  or  other  action  as  the 
court  may  see  fit.  Any  of  the  duties  of  the  probation  officer  may  be  performed  by 
a  deputy  probation  officer,  and  shall  be  performed  by  him  whenever  detailed  to 
perform  the  same  by  the  probation  officer  ;  and  it  shall  be  the  duty  of  the  probation 
officer  to  see  that  the  deputy  probation  officer  performs  his  duties. 

§  16.  A  new  section  is  hereby  added  to  said  act,  to  be  designated  as  section 
fifteen,  and  to  read  as  follows : 


KKI-OKT  OF  THE   PROBATION  COMMISSION.  139 

§  15.  If  any  child  is  arrested  and  taken  before  a  justice  of  the  peace  or  police 
judge,  then  at  any  time  before  the  child  is  found  delinquent  and  a  commitment 
thereunder  issues,  it  may  be  detained  under  order  of  the  court  in  any  detention 
home  provided  for  that  purpose  by  any  county  or  city  and  county ;  or  it  may  be 
otherwise  provided  for  as  the  court  sees  fit  in  any  manner  provided  herein  for 
the  care  of  a  child  after  the  finding  of  its  delinquency.  If,  after  a  hearing,  any 
child  shall  be  found  to  be  delinquent  by  such  court,  the  justice  of  the  peace  or 
police  judge  may  continue  the  further  hearing  from  time  to  time,  aud  may,  at 
any  time  commit  the  child  to  the  care  and  custody  of  a  probation  officer  and  may 
allow  such  to  remain  in  the  home  of  such  child,  subject  to  the  visitation 
of  a  probation  officer,  and  such  child  shall  report  to  the  probation  officer 
as  often  as  may  be  required  and  be  subject  to  be  returned  to  the  court  for 
further  proceedings  whenever  such  action  may  appear  to  be  necessary  or  desirable. 
If  the  justice  of  the  peace  or  police  judge  at  any  time  deems  it  necessary  or  to 
the  best  interests  of  the  child  that  he  should  be  committed  to  a  state  reform  school 
or  to  the  care  or  custody  of  some  association,  society  or  corporation  embracing  in 
its  objects  the  care  of  neglected,  dependent,  or  delinquent  children,  or  should  be 
placed  in  a  suitable  family  home,  or  that  a  guardian  should  be  appointed  for 
such  child,  the  justice  of  the  peace  or  police  judge  shall  certify  the  case  with  a 
transcript  of  the  docket  or  other  record  to  the  clerk  of  the  superior  court  of  the 
county  or  city  and  county  in  which  the  justices'  court  or  police  court  is  held, 
and  the  officer  having  the  child  in  charge  shall  take  the  child  before  the  superior 
court,  and  thereupon  the  superior  court  may  proceed  to  hear  and  dispose  of  the 
case  in  the  same  manner  as  if  the  child  had  been  brought  before  the  .court  on 
petition  as  herein  provided  for  dependent  children.  In  such  case  the  court  shall 
require  notice  to  be  given  and  investigation  to  be  made  as  in  other  cases  under  this 
act,  and  may  adjourn  the  hearing  from  time  to  time  for  that  purpose. 

§  17.  A  new  section  is  hereby  added  to  said  act,  to  be  designated  as  section 
sixteen,  and  to  read  as  follows : 

§  16.  In  the  case  of  a  child  alleged  to  be  delinquent,  within  the  meaning  of  this 
act,  and  brought  before  the  superior  court  at  any  time  before  the  child  is  found 
delinquent  and  a  commitment  thereunder  issues,  it  may  be  detained  under  order  of 
the  court  in  any  detention  home  provided  for  that  purpose  by  any  county  or  city 
and  county ;  or  it  may  be  otherwise  provided  for  as  the  court  sees  fit  in  any 
manner  provided  herein  for  the  care  of  a  child  after  the  finding  of  its  delinquency. 
If  the  court  find  the  child  to  be  delinquent,  said  court  may  continue  the  hearing 
from  time  to  time,  and  may  at  any  time  commit  the  child  to  the  care  or  custody  of 
the  probation  officer,  and  may  allow  such  child  to  remain  in  the  home  of  such 
child,  subject  to  the  visitation  of  the  probation  officer,  and  such  child  shall  report 
to  the  probation  officer  as  often  as  may  be  required,  and  be  subject*  to  be  returned 
to  the  court  for  further  proceedings  whenever  such  action  may  appear  necessary 
or  desirable,  or  the  court  may  commit  the  child  to  the  care  or  custody  of  the 
probation  officer,  to  be  placed  in  a  suitable  family  home,  subject  to  the  supervision 
of  such  probation  officer  and  the  further  order  of  the  court,  or  it  may  authorize 
the  probation  officer  to  board  out  the  child  in  some  suitable  family  home  in  case 
provision  is  made  by  voluntary  contribution,  or  otherwise,  for  the  payment  of 
the  board  of  such  child,  until  a  suitable  provision  may  be  made  for  the  child  in 
a  home  without  such  payment ;  or  the  court  may  commit  the  child  for  such  time 
during  its  minority,  as  the  court  may  deem  fit,  to  the  care  and  custody  of  some 
association,  society  or  corporation  that  will  receive  it,  embracing  within  its  objects 
the  care  of  dependent  and  delinquent  children  ;  or  the  court  may  commit  such  child 
to  a  state  reform  school,  as  is  now,  or  may  hereafter  be  provided  by  law  in  accord- 
ance with  the  procedure  provided  by  law  for  such  commitment.  Provided,  further, 
that  should  the  legislative  body  of  the  county,  or  city  and  county,  or  of  a  munici- 
pality, provide  a  suitable  place  for  the  detention  of  said  dependent  and,  delinquent 
children,  which  they  are  hereby  authorized  to  do,  such  children  may  be  committed 
thereto  after  the  adjudication  of  dependency  or  delinquency  for  a  definite  period  to  be 
specified  in  such  order.  The  court  may  thereafter  set  aside,  change  or  modify  such 
order,  and  may  provide  for  a  further  detention  in  said  place.  Any  order  providing 
for  the  custody  of  a  dependent  or  delinquent  child  may  provide  that  the  expense 
of  maintenance  of  said  child  shall  be  paid  by  the  parent  or  parents,  or  guardian, 
of  s-aid  child,  and  in  such  case  shall  determine  the  amount  so  to  be  paid,  and 
-shall  determine  whether  or  not  the  parent  or  parents  shall  exercise  any  control 


i40  Ri.ioHT    OF    THE    J'ROKATION    ( "OM  M ISSIOX. 

over  said  child  and  the  extent  thereof,  and  any  disobedience  of  such  order  or 
interference  with  the  custody  of  the  child  as  therein  determined  by  a  parent  or 
guardian  having  notice  of  the  proceedings  or  of  the  order  shall  constitute  a  con- 
tempt of  court.  The  court  may  thereafter  set  aside,  change  or  modify  any  order 
herein  provided  for. 

§  18.  A  new  section  is  hereby  added  to  said  act,  to  be  designated  as  section 
seventeen,  and  to  read  as  follows : 

§  17.  No  court  or  magistrate  shall  commit  a  child  under  twelve  years  of  age 
to  jail,  prison  or  police  station,  but  if  such  child  is  unable  to  give  bail,  it  may 
be  committed  to  the  care  of  the  sheriff,  police  officer,  constable  or  probation  officer, 
who  shall  keep  such  child  in  some  suitable  place  provided  by  the  city,  county, 
or  city  and  county,  outside  of  the  enclosure  of  any  jail  or  police  station.  When 
any  .child  shall  be  sentenced  to  confinement  in  any  institution  to  which  adult 
convicts  or  prisoners  are  sentenced  or  where  adults  are  confined,  it  shall  be 
unlawful  to  confine  such  child  in  the  rsame  room  or  yard  or  enclosure  with  such 
adult  convicts  or  prisoners,  or  to  permit  such  child  to  come  or  remain  within  sight 
of  or  meet  or  come  into  or  remain  in  the  presence  of  any  such  adult  convicts  or 
prisoners. 

§  19.  A  new  section  is  hereby  added  to  this  act,  to  be  designated  as  section 
eighteen,  and  to  read  as  follows : 

§  18.  Nothing  in  this  act  shall  be  construed  to  repeal  any  portion  of  the  act 
entitled  "An  act  to  establish  a  state  reform  school  for  juvenile  offenders,  and  to 
make  an  appropriation  therefor,"  approved  March  11,  1889,  or  any  of  the  amend- 
ments thereto,  or  the  act  entitled  "An  act  to  establish  the  California  Home  for 
the  Care  and  Training  of  Feeble-Minded  Children,  and  provide  for  the  main- 
tenance of  the  same,"  approved  March  18,  1885,  or  any  of  the  amendments  thereto, 
or  the  act  entitled  "An  act  to  establish  a  school  of  industry,  and  provide  for  the 
maintenance  and  management  of  the  same  and  to  make  an  appropriation  therefor," 
approved  March  11,  1889,  or  any  of  the  amendments  thereto ;  and  in  all  commit- 
ments thereto ;  and  in  all  commitments  to  said  institutions  the  acts  in  reference 
to  said  institutions  shall  govern  the  same. 

§  20.  A  new  section  is  hereby  added  to  said  act,  to  be  designated  as  section 
nineteen,  and  to  read  as  follows  : 

§  19.  No  record  of  or  testimony  concerning  any  proceedings  against  any  child 
under  this  act  shall  be  admissible  as  evidence  against  such  .child  in  any  other 
court  or  proceeding,  except  in  proceedings  under  this  act,  and  except  in  guardianship 
or  adoption  proceedings  relating  to  said  child. 

§  21.  A  new  section  is  hereby  added  to  this  act,  to  be  designated  as  section 
twenty,  and  to  read  as  follows: 

§  20.  This  act  shall  be  liberally  construed,  to  the  end  that  its  purposes  may 
be  carried  out,  to  wit — that  the  care,  custody  and  discipline  of  a  child  shall 
approximate  as  nearly  as  may  be  that  which  should  be  given  by  its  parents, 
and  in  all  cases  where  it  can  be  properly  done,  the  child  be  placed  in  an  approved 
family,  with  people  of  the  same  religious  belief  and  become  a  member  of  the  family 
by  legal  adoption,  or  otherwise.  In  this  act,  words  used  in  any  gender  shall  include 
all  other  genders,  and  the  word  "  county  "  shall  incluue  "  city  and  county." 

§  22.  A  new  section  is  hereby  added  to  this  act,  to  be  designated  as  section 
twenty-one,  and  to  read  as  follows  : 

§  21.  All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed, 
except  as  hereinabove  provided  in  section  nineteen. 

COLORADO 

Juvenile  Courts  and  Probation 

Chapter   85,  March   7,    1903. 
AN  ACT  concerning  delinquent  children. 

Section  1.  This  act  shall  apply  only  to  children  sixteen  (16)  years  of  age  or 
under,  not  inmates  of  a  state  institution,  or  any  institution  incorporated  under  the 
laws  of  the  state  for  the  care  and  correction  of  delinquent  children.  The  words 
"delinquent  child"  shall  include  any  child  sixteen  (16)  years  of  age  or  under  such 
age  who  violates  any  law  of  this  state  or  any  city  or  village  ordinance ;  or  who  i» 


REPORT  OF  THE  PROBATION  COMMISSION.  141 

incorrigible ;  or  who  knowingly  associates  with  thieves,  vicious  or  immoral  persons  ; 
or  who  is  growing  up  in  idleness  or  crime ;  or  who  knowingly  visits  or  enters  a 
liouse  of  ill-repute  ;  or  who  knowingly  patronizes  or  visits  any  policy  shop  or  place 
where  any  gaming  device  is,  or  shall  be,  operated ;  or  "who  patronizes  or  visits 
any  saloon  or  dram  shop  where  intoxicating  liquors  are  sold ;  or  who  patronizes  or 
visits  any  public  pool  room  or  bucket  shop ;  or  who  wanders  about  the  streets  in 
the  night  time  without  being  on  any  lawful  business  or  occupation  ;  or  who  habitually 
wanders  about  any  railroad  yards  or  tracks,  or  jumps  or  hooks  on  to  any  moving 
train,  or  enters  any  car  or  engine  without  lawful  authority ;  or  who  habitually  uses 
vile,  obscene,  vulgar,  profane  or  indecent  language,  or  is  guilty  of  immoral  conduct 
in  any  public  place  or  about  any  school  house.  Any  child  committing  any  of  the 
acts  herein  mentioned  shall  be  deemed  a  juvenile  delinquent  person,  and  shall  be 
proceeded  against  as  such  in  the  manner  hereinafter  provided.  A  disposition  of  any 
child  under  this  act,  or  any  evidence  given  in  such  cause,  shall  not  in  any  civil, 
criminal  or  other  cause  or  proceeding  whatever  in  any  court  be  lawful  or  proper  evi- 
dence against  such  child  for  any  purpose  whatever,  excepting  in  subsequent  cases 
against  the  same  child  under  this  act.  The  word  "  child  "  or  "  children  "  may  mean 
one  or  more  children,  or  the  word  ''  parent  "  or  "  parents  "  may  mean  one  or  both 
parents  when  consistent  with  the  intent  of  this  act. 

§  2.  The  county  courts  of  the  several  counties  in  this  state  shall  have  jurisdiction 
in  all,  cases  coming  within  the  terms  and  provisions  of  this  act.  In  trials  under  this 
•  act  the  child  informed  against,  or  any  person  interested  in  such  child,  shall  have 
the  right  to  demand  a  trial  by  jury,  which  shall  be  granted  as  in  other  cases  unless 
waived,  or  the  judge  of  his  own  motion  may  call  a  jury  to  try  any  such  case.  In 
counties  of  the  first  and  second  class  a  special  record  book  or  books  shall  be  kept  by 
the  court  for  all  cases  coming  within  the  provisions  of  this  act,  to  be  known  as 
"  The  Juvenile  Record,"  and  the  docket  or  calendar  of  the  court  upon  which  there 
shall  appear  the  case  or  cases  under  the  provisions  of  this  act  shall  be  known  as 
"  The  Juvenile  Docket,"  and  for  convenience  the  court  in  the  trial  and  disposition 
of  such  cases  may  be  called  "  The  Juvenile  Court."  Between  the  first  and  thirteenth 
days  of  October  of  each  year  the  clerks  of  the  county  courts  shall  submit  to  the 
State  Board  of  Charities  and  Corrections  a  report  in  writing,  upon  blanks  to  be 
furnished  by  said  board,  showing  the  number  and  disposition  of  delinquent  children 
brought  before  such  court  together  with  such  other  useful  information  regarding  such 
cases  and  the  parentage  of  such  children  as  may  be  reasonably  obtained  at  the 
trials  thereof ;  Provided,  that  the  name  or  identity  of  any  such  child  or  parent  shall 
not  be  disclosed  in  such  report,  and  that  such  report  shall  not  be  published  at  state 
expense. 

§  3.  All  proceedings  under  this  act  shall  be  by  information  or  sworn  complaint 
to  be  filed  by  the  district  attorney  as  in  other  cases  under  the  general  laws  of  the 
state ;  Provided,  That  probation  officers  provided  for  by  this  act  are  hereby  empow- 
ered to  file  sworn  complaints  and  conduct  proceedings  against  any  child  under  this 
act.  In  any  such  information  or  complaint  filed  under  this  act,  the  act  or  acts 
claimed  to  have  been  committed  by  the  child  proceeded  against  shall  in  a  general 
way  be  stated  therein  as  constituting  such  child  a  juvenile  delinquent  child  or 
person. 

§  4.  The  district  attorneys  of  the  judicial  districts  respectively  of  the  state  may 
appoint  a  deputy  district  attorney  in  each  county  in  such  districts  to.  file  in  the 
county  court  of  such  county  any  information,  and  to  try  any  cause  under  this  act 
in  order  that  all  such  cases  shall  be  heard  and  disposed  of  promptly  and  without 
delay.  Such  attorney,  when  so  appointed,  shall  conduct  cases  coming  within  the 
provisions  of  this  act  during  such  time  as  may  be  deemed  necessary  by  such  judge. 
In  counties  having  a  population  of  over  one  hundred  thousand  the  county  judge 
thereof,  when  deemed  necessary  by  him,  may  direct  the  district  attorney  of  such 
judicial  district  to  appoint  a  deputy  district  attorney,  to  be  properly  qualified,  to 
act  as  such  in  the  county  court  of  such  county  in  the  conduct  and  disposition  of 
cases  therein  under  this  act,  at  a  salary  to  be  fixed  by  such  county  judge,  not  to 
exceed  two  thousand  dollars  per  annum,  to  be  paid  in  the  same  manner  provided 
by  law  for  the  payment  of  salaries  of  deputy  district  attorneys. 

§  5.  It  shall  be  unlawful  for  any  court,  clerk  or  other  person  to  tax  or  collect, 
or  for  any  county  to  pay,  any  fees  whatever  now  permitted  by  law  to  be  taxed  and 
collected  for  the  benefit  of  any  court,  officer  or  person,  for  the  case  of  any  delin- 
quent child  coming  within  the  provisions  of  this  act  for  violating  any  law  of  this 


142  REPORT  OF  THE  PROBATION  COMMISSION. 

state,  or  committing  any  of  the  acts  mentioned  in  section  1  hereof,  unless  such  child 
shall  be  proceeded  against  in  the  county  court  under  the  provisions  and  in  accord- 
ance with  the  purpose  of  this  act,  except  in  capital  cases,  or  where  the  court  shall 
direct  a  prosecution  under  the  criminal  code,  or  where  complaint  has  been  filed  before 
a  justice  of  the  peace  or  police  magistrate  who  shall  duly  comply  with  the  terms  of 
section  7  of  this  act. 

§  6.  Upon  the  filing  of  an  information  under  this  act,  a  warrant  or  capias  may 
issue  as  in  other  cases,  but  no  incarceration  of  the  child  proceeded  against  there- 
under shall  be  made  or  had  unless  in  the  opinion  of  the  judge  of  the  court,  or  in  the 
absence  of  the  judge  from  the  county  seat,  then  in  the  opinion  of  the  sheriff  of  the 
county,  it  shall  be  necessary  to  insure  its  attendance  in  court  at  such  times  as  shall 
be  required.  In  order  to  avoid  such  incarceration,  if  practicable,  it  shall  be  the  duty 
of  the  sheriff  of  the  county,  or  his  deputy  or  representative,  to  serve  a  notice  of  the 
proceedings  upon  at  least  one  parent  of*  the  child,  if  living  and  known,  or  its  legal 
guardian,  or  if  his  or  her  whereabouts  or  residence  is  not  known,  or  if  neither 
parent  nor  guardian  shall  be  in  this  state,  then  some  relative  living  in  the  county, 
if  any  there  be  whose  whereabouts  are  known,  and  such  judge  or  sheriff  may  accept 
the  verbal  or  written  promise  of  such  person  so  notified,  or  of  any  other  proper  per- 
son to  be  responsible  for  the  presence  of  such  child  at  the  hearing  in  such  case,  or 
at  any  other  time  to  which  the  same  may  be  adjourned  or  continued  by  the  court. 
In  case  such  child  shall  fail  to  appear  at  such  time  or  times  as  the  court  may 
require,  the  person  or  persons  responsible  for  its  appearance  as  herein  provided  for, 
unless  in  the  opinion  of  the  court  there  shall  be  some  reasonable  cause  for  such 
failure  of  such  child  to  appear  as  herein  provided  for,  may  be  proceeded  against  as 
in  cases  of  contempt  of  court  and  punished  accordingly ;  and  where  any  such  child 
shall  have  failed  to  appear,  as  required  by  the  court  of  its  officers,  any  warrant, 
capias  or  alias  capias  issued  in  such  case  may  be  executed  as  in  other  cases ; 
Provided,  however,  that  no  child  within  the  provisions  of  this  act  under  fourteen  (14) 
years  of  age  shall  under  any  circumstance  be  incarcerated  in  any  common  jail  or 
lock-up,  and  any  officer  or  person  violating  this  provision  of  this  act  shall  be  guilty 
of  a  misdemeanor,  and  on  conviction  fined  in  a  sum  not  to  exceed  one  hundred  dol- 
lars ($100).  In  counties  of  the  first  class  it  shall  be  the  duty  of  tKe  proper 
authorities  to  provide  and  maintain  at  public  expense  a  detention  room,  or  house  of 
detention,  separated  or  removed  from  such  jail  or  lock-up,  to  be  in  charge  of  a 
matron  or  other  person  of  good  moral  character,  wherein  all  children  within  the 
provisions  of  this  act  shall,  when  necessary,  be  incarcerated.  Any  such  child  so 
informed  against  shall  also  have  the  right  now  given  by  law  to  any  person  to  give 
bond  or  other  security  for  it;  appearance  at  the  trial  of  such  case,  and  the  court 
may,  in  any  such  case,  appoint  counsel  to  appear  and  defend  on  behalf  of  any  such 
child. 

§  7.  When  any  child,  sixtrrn  dti)  years  of  age  or  under,  is  arrested  with  or  with- 
out warrant,  such  child  shall  instead  of  being  taken  before  a  justice  of  the  peace 
or  police  magistrate,  be  taken  directly  before  the  county  court ;  or,  if  the  child  is 
taken  before  a  justice  of  the  peace  or  police  magistrate,  upon  complaint  sworn  out 
in  such  court  or  for  any  other  reason,  it  shall  be  the  duty  of  such  justice  of  the 
peace  or  police  magistrate  to  transfer  the  case  to  such  county  court,  and  the  officer 
having  the  child  in  charge  to  take  the  child  before  that  court,  and,  in  any  such  case 
the  court  may  proceed  to  hear  and  dispose  of  the  case  in  the  same  manner  as  if  such 
child  had  been  brought  before  the  court  upon  information  originally  filed  as  herein 
provided  ;  or,  when  necessary,  in  cases  where  the  delinquency  charged  would  otherwise 
constitute  a  feiony,  may  direct  such  child  to  be  kept  in  proper  custody  until  an 
information  or  complaint  may  be  filed  as  in  other  cases  under  this  act  or  the  laws  of 
the  state :  Provided,  That  nothing  herein  shall  be  construed  to  confer  jurisdiction 
upon  any  justice  of  the  peace  or  police  court  to  try  any  case  against  any  child 
sixteen  (16)  years  of  age  or  under. 

§  8.  The  county  courts  of  the  several  .counties  in  this  state  shall  have  authority 
to  appoint  or  designate  one  or  more  discreet  persons  of  good  moral  character  to  serve 
as  probation  officers  during  the  pleasure  of  the  court ;  said  probation  officers  to 
receive  no  compensation  from  the  county  treasury  except  as  herein  provided.  In 
case  a  probation  officer  shall  be  appointed  by  the  court  it  shall  be  the  duty  of  the 
clerk  of  the  court,  if  practicable  to  notify  the  said  probation  officer  when  any  child 
i?  to  be  brought  before  the  court;  it  shall  be  the  duty  of  such  probation  officer  to 
make  investigation  of  such  case ;  to  be  present  In  court  to  represent  the  interests 


REPORT  OF  THE  PROBATION  COMMISSION.  143 

of  the  child  when  the  case  is  heard ;  to  furnish  to  the  court  such  information  and 
assistance  as  the  court  or  judge  may  require,  and  to  take  charge  of  any  child  before 
and  after  the  trial  as  may  be  directed  by  the  court.  The  number  of  probation  officers 
named  and  designated  by  the  county  court,  who  shall  receive  compensation  for  their 
services  shall  be  as  follows  :  In  counties  having  a  population  of  over  one  hundred 
thousand,  not  to  exceed  three  (3)  probation*  officers,  one  of  whom  shall  be  appointed 
and  designated  as  chief  probation  officer,  who  shall  receive  a  salary  of  fifteen  hun- 
dred dollars  ($1,500)  per  year,  and  expenses  may  be  allowed  said  officer  to  the 
amount  of  five  hundred  dollars  ($500)  in  the  discretion  of  the  court,  and  two  (2) 
others  to  be  appointed  and  designated  as  assistant  probation  officers',  who  shall 
receive  a  salary  of  twelve  hundred  dollars  ($1,200)  per  year  and  expenses  may  be 
allowed  said  assistant  probation  officers  to  the  amount  of  three  hundred  dollars 
($300)  each  in  the  discretion  of  the  court,  from  the  public  funds,  said  salaries  to 
be  paid  in  equal  monthly  installments  by  the  board  of  county  commissioners  of 
such  county,  or  that  official  or  official  body  having  the  powers  and  duties,  or  similar 
powers  and  duties  to  those  now  or  heretofore  conferred  by  law  upon  the  board  of 
county  commissioners  of  such  counties  or  other  proper  officer  as  to  the  payment  for 
services  to  the  county ;  in  all  other  counties  having  a  population  exceeding  fifteen 
thousand,  according  to  the  last  federal  census,  not  to  exceed  one  probation  officer,  to 
be  appointed  and  designated  as  herein  provided  for,  who  shall  be  paid  such  annual 
salary  as  may  be  fixed  by  a  majority  of  the  board  of  county  commissioners,  payable 
in  equal  monthly  instalments  as  herein  provided ;  Provided,  That  no  such  appointment, 
except  in  counties  having  over  one  hundred  thousand  population,  shall  be  made  unless 
in  the  opinion  of  the  county  judge  and  a  majority  of  the  board  of  county  commis- 
sioners such  appointment  upon  such  salary  shall  be  necessary.  In  counties  of  over 
one  hundred  thousand  population  a  probation  officer  to  be  paid  a  salary  as 
provided  for  under  this  act  shall  not  be  qualified  to  act  as  such  until  such  appoint- 
ment has  been  submitted  to  the  State  Board  of  Charities  and  Corrections,  and  such 
appointee  approved  by  said  board  as  a  qualified  and  proper  person  to  discharge  the 
duties  of  such  office,  and  it  shall  be  the  duty  of  said  board  to  approve  or  disap- 
prove of  such  appointee  within  thirty  (30)  days  after  submission  thereof  by  the 
county  court,  and  a  failure  to  act  thereon  in  such  time  shall  constitute  an  approval 
of  such  appointment.  Paid  probation  officers  provided  for  by  this  act  are  hereby 
vested  with  all  power  and  authority  of  sheriffs  to  make  arrests  and  perform  other 
duties  incident  to  their  office. 

§  9.  In  any  case  of  a  delinquent  child  coming  under  the  provisions  of  this  act, 
the  court  may  continue  the  hearing  from  time  to  time,  and  may  commit  the  child  to 
the  care  of  a  probation  officer,  and  may  allow  said  child  to  remain  in  its  own  home, 
subject  to  the  visitation  of  the  probation  officer;  such  child  to  report  to  the  court 
or  probation  officer  as  often  as  may  be  required,  and  subject  to  be  returned  to  the 
court  for  further  proceedings  whenever  such  action  may  appear  necessary ;  or  the 
court  may  cause  the  child  to  be  placed  in  a  suitable  family  home,  subject  to  the 
friendly  supervision  of  the  probation  officer  and  the  further  order  of  the  court ;  or  it 
may  authorize  the  child  to  be  boarded  out  in  some  suitable  family  home,  in  case 
provision  is  made  by  voluntary  contribution  or  otherwise  for  the  payment  of 
the  board  of  such  child,  until  suitable  provision  be  made  for  the  child  in  a  home 
without  such  payment,  or  the  court  may  commit  such  child,  if  a  boy,  to  the  State 
Industrial  School  for  Boys,  or,  if  a  girl,  to  the  State  Industrial  School  for  Girls, 
or  the  court  may  commit  the  child  to  any  institution  within  the  county,  incorporated 
under  the  laws  of  this  state,  that  may  care  for  children,  or  which  may  be  provided 
by  the  state  or  county,  suitable  for  the  care  of  such  children,  or  to  any  state  institu- 
tion which  may  now  or  hereafter  be  established  for  the  care  of  boys  or  girls.  In  no 
case  shall  a  child  proceeded  against,  under  the  provisions  of  this  act  be  committed 
beyond  the  age  of  twenty-one.  A  child  committed  to  any  such  institution  shall  be  sub- 
ject to  the  control  of  the  board  of  managers  and  the  said  board  shall  have  power 
to  parole  such  child  on  such  conditions  as  it  may  prescribe ;  and  the  court  shall, 
on  the  recommendation  of  the  board,  have  power  to  discharge  such  child  from 
custody  whenever,  in  the  judgment  of  the  court,  his  or  her  reformation  is  complete ; 
or  the  court  may  commit  the  child  to  the  care  and  custody  of  some  association  that 
will  receive  it,  embracing  in  its  objects  the  care  of  neglected  or  delinquent  children, 
and  which  has  been  duly  credited  as  herein  provided. 

§  10.  All  institutions  or  associations  receiving  children  under  this  act  shall  be 
subject  to  the  same  visitation,  inspection  and  supervision  by  the  State  Board  of 


144  REPORT  OF  THE  PROBATION  COMMISSION. 

Charities  and  Correction,  as  are  public  charitable  institutions  of  this  state,  and  it 
shall  be  the  duty  of  the  State  Board  of  Charities  and  Corrections  to  pass  annually 
upon  the  fitness  of  any  institution  or  association  which  may  receive,  or  desire  to 
receive,  any  child  or  children  under  the  provisions  of  this  act ;  and  every  such  insti- 
tution or  association  shall,  at  such  times  as  said  Board  of  Charities  and  Corrections 
shall  direct,  make  report  thereto,  showing  its  condition,  management  and  competency 
to  adequately  care  for  such  children  as  are,  or  may  be,  committed  to  it,  and  such 
other  facts  as  said  board  may  require,  and  upon  said  board  being  satisfied  that  any 
such  association  or  institution  is  competent  and  has  adequate  facilities  to  care  for 
such  children,  it  shall  issue  to  the  same  a  certificate  to  that  effect,  which  certificate 
shall  continue  in  force  for  one  year  unless  sooner  revoked  by  said  board.  The  court, 
or  the  judge  thereof,  may  at  any  time,  require  from  any  such  institution  or  asso- 
ciation receiving  or  desiring  to  receive  children  under  the  provisions  of  this  act, 
such  reports,  information  and  statements-  as  the  court  or  judge  shall  deem  proper 
and  necessary  for  his  action,  and  the  court  shall  in  no  case  commit  a  child  or 
children  to  any  association  or  institution  whose  standing,  conduct  or  care  of  children, 
or  ability  to  care  for  the  same,  is  not  satisfactory  to  the  court. 

§  11.  Nothing  in  this  act  shall  be  construed  to  repeal  any  portion  of  the  act  or 
acts  providing  for  an  industrial  school  for  girls  or  boys,  nor  any  portion'  of  chapter 
one  hundred  and  thirty-six  (136)  of  the  Session  Laws  of  1899,  entitled  "  An  Act  to 
compel  the  elementary  education  of  children  in  school  districts  of  the  first  and 
second  class,"  but  nothing  in  said  act  shall  be  held  to  prevent  proceedings  against 
any  child  within  the  ages  prescribed  by  raid  act,  under  this  act  as  a  juvenile  dis- 
orderly person  or  delinquent  child.  All  other  acts  or  parts  of  acts  inconsistent  here- 
with are  hereby  repealed. 

5j  J2.  This  act  shall  be  liberally  construed,  to  the  end  that  its  purpose  may  be  <-ar- 
ried  out,  to  wit,  that  the  care  and  custody  and  discipline  of  the  child  shall 
approximate  as  nearly  as  may  be  that  which  should  be  given  by  its  parents,  a^id  that 
as  far  as  practicable  any  delinquent  child  shall  be  treated,  not  as  a  criminal,  but  as 
misdirected  and  misguided,  and  needing  aid,  encouragement,  help  and  assistance. 

§  13.  Whereas,  in  the  opinion  of  the  general  assembly,  an  emergency  exists  ;  there- 
:fore,  tLis  act  shall  take  effect  and  be  in  force  from  and  after  H*  passage 

Adult  Delinquency 
Chapter  94,   March  7,   1903. 

AN  ACT  to  provide  for  the  punishment  of  persons  responsible  for  or   contributing  to 
the   delinquency  of  children. 

Section  1.  In  all  cases  where  any  child  shall  be  a  delinquent  child  or  a  juvenile 
delinquent  person,  as  defined  by  the  statute  of  this  state,  the  parent  or  parents, 
legal  guardian,  or  persons  having  the  custody  of  such  child,  or  any  other  person, 
responsible  for,  or  by  any  act  encouraging,  causing  or  contributing  to  the  delinquency 
of  such  child,  shall  be  guilty  of  a  misdemeanor,  and  upon  trial  and  conviction  thereon 
shall  be  fined  in  a  sum  not  to  exceed  one  thousand  dollars  ($1,000),  or  imprisoned  in 
the  county  jail  for  a  period  not  exceeding  one  (1)  year,  or  by  both  such  fine  and 
imprisonment.  The  court  may  impose  conditions  upon  any  person  found  guilty  under 
this  act,  and  so  long  as  such  person  shall  comply  therewith  to  the  satisfaction  of  the 
court  the  sentence  imposed  may  be  suspended. 

Section  2.  Whereas,  in  the  opinion  of  the  general  assembly  an  emergency  exists  ; 
therefore,  this  act  shall  be  in  full  force  and  effect  from  and  after  its  passage. 

,  Adult  Dependency 

Chapter   81,    April    10,    1905. 

AN  ACT  .concerning  parents  or  other  persons  responsible  for  or,  by  an  act  con- 
tributing to  the  dependency  or  neglect  of  children  and  providing  for  their 
punishment. 

Section  1.  In  all  cases  where  any  child  shall  be  a  dependent  or  neglected  child 
as  defined  by  the  statutes  of  this  state,  the  parent  or  parents,  or  other  persons 
responsible  for  such  dependency  or  neglect  shall  be  guilty  of  a  misdemeanor,  and 


REPORT  OF  THE  PROBATION  COMMISSION.  145 

upon  trial  and  conviction  thereof  shall  be  fined  in  a  sum  not  to  exceed  one  hundred 
dollars  ($100),  or  imprisoned  in  the  county  jail  for  a  period  not  to  exceed  ninety 
days,  or  by  both  such  fine  and  imprisonment.  The  county  courts  (juvenile  courts) 
shall  have  jurisdiction  of  all  cases  coming  within  the  provisions  of  this  act ;  Provided, 
that  an  appeal  shall  lie  to  the  district  court  from  the  judgment  of  said  county 
court  rendered  in  pursuance  of,  or  under  this  act. 

§  2.  The  court  may  suspend  any  sentence  hereunder,  or  release  any  person  sen- 
tenced under  this  act  from  custody  upon  condition  that  such  person  shall  furnish  a 
good  and  sufficient  bond  or  undertaking  to  the  people  of  the  state  of  Colorado  in  such 
penal  sum,  not  exceeding  $200,  as  the  court  shall  determine,  conditioned  for  the 
payment  of  such  amount  as  the  court  may  order,  not  exceeding  $15  i>';r  month  for 
each  child,  for  the  support,  care  and  maintenance  of  such  child  while  under  the 
guardianship  or  in  the  custody  of  any  individual,  or  any  public,  private  or  state 
home,  institution,  association  or  orphanage  to  which  the  child  may  have  been  com- 
mitted, or  entrusted  under  the  provisions  of  the  laws  of  this  state  concerning 
dependent  or  neglected  children. 

§  3.  The  court  may  also  suspend  any  sentence  imposed  under  this  act  and  may 
permit  any  dependent  child  to  remain  in  the  custody  of  any  such  person  found 
guilty  upon  conditions  to  be  prescribed  or  imposed  by  the  court  as  seem  most 
calculated  to  remove  the  cause  of  such  dependency  or  neglect,  and  while  such  condi- 
tions are  accepted  and  complied  with  by  any  such  person  such  sentence  may  remain 
suspended  and  such  person  shall  be  considered  on  probation  in  said  court.  In  case  a 
bond  is  given  as  provided  herein,  the  conditions  prescribed  by  the  court  may  be  made 
part  of  the  terms  and  conditions  of  such  bond. 

§  4.  Upon  the  failure  of  any  such  person  to  comply  with  the  terms  and  conditions 
of  such  bond,  or  of  the  conditions  imposed  by  the  court,  such  bond  or  the  term  of 
probation  may  be  declared  forfeited  and  terminated  by  the  court  and  the  original 
sentence  executed  as  though  it  had  never  been  suspended,  and  the  term  of  any  jail 
sentence  imposed  in  any  such  case  shall  commence  from  the  date  of  the  incarceration 
of  any  such  person  after  the  forfeiture  of  such  bond  or  term  of  probation.  Thero 
shall  be  deducted  from  such  period  of  incarceration  any  part  of  such  sentence  which 
iiv.y  have  already  been  served. 

§  5.  It  shall  not  be  necessary  to  bring  a  separate  suit  to  recover  the  penalty  of 
any  such  bond  so  forfeited,  but  the  court  may  cause  a  citation  to  issue  to  the 
surety  or  sureties  thereon  requiring  that  he  or  they  appear  at  a  time  named  therein 
by  the  court,  which  time  shall  be  not  less  than  ten  nor  more  than  twenty  days 
from  the  issuance  thereof,  and  show  cause,  if  any  there  be,  why  judgment  should 
not  be  entered  for  the  penalty  of  such  bond,  and  execution  issue  for  the  amount 
thereof  against  the  property  of  the  surety  or  sureties  thereon,  as  in  civil  cases,  and 
upon  failure  to  appear  or  failure  to  show  any  such  sufficient  cause  the  court  shall 
enter  such  judgment  in  behalf  of  the  people  of  the  state  of  Colorado  against  such 
surety  or  sureties.  Any  moneys  collected  or  paid  upon  any  such  execution,  or  in 
any  case  upon  said  bond,  shall  be  turned  over  to  the  county  treasurer  of  the  county 
in  which  said  bond  is  given  to  be  applied  to  the  care  and  maintenance  of  the  child 
or  children  for  whose  dependency  such  conviction  was  had,  in  such  manner  and  upon 
such  terms  as  the  county  court  may  direct ;  Provided,  that  if  it  shall  not 
be  necessary,  in  the  opinion  of  the  court,  to  use  such  fund  or  any  part  thereof,  for 
the  support  and  maintenance  of  such  child  the  same  shall  be  paid  into  the  county 
treasury  and  become  a  part  of  the  funds  of  such  county. 

§  6.  Nothing  in  this  act  shall  be  construed  to  repeal  any  act  providing  for  the 
support  by  fathers  of  their  minor  children,  or  any  part  of  the  acts  concerning  delin- 
quent children  or  persons  contributing  thereto ;  and  nothing  in  said  act  shall  pre- 
vent proceedings  under  this  act  in  any  proper  case.  All  other  acts  or  parts  of  acts 
inconsistent  herewith  are  hereby  repealed. 

CONNECTICUT. 

Probation   Officers. 

Chapter  126,  May  22,   1903. 

AN  ACT  providing  for  the  appointment  of  probation  officers  and  defining  their  duties, 

and  for  the  separate  trial  of  juvenile  offenders. 

Section  1.  The  judge  of  every  superior  court  and  of  every  criminal  court  of 
common  pleas  may,  and  the  judge  of  every  district,  police,  city,  borough  and  town 

10 


146  KEPORT  OF  THE  PROBATION  COMMISSION. 

court  shall,  appoint  within  three  months  after  the  passage  of  this  act<  one  or  more 
probation  officers,  male  or  female,  to  act  under  the  direction  of  such  court,  and 
may  remove  them  at  pleasure. 

§  2.  The  duties  of  such  probation  officers  shall  be:  (1).  To  investigate  the  case 
of  any  person  brought  before  the  court,  under  whose  direction  he  is  a  probation  officer, 
for  any  misdemeanor  or  any  crime  not  punishable  by  imprisonment  in  the  state 
prison,  the  object  of  such  investigation  being  to  ascertain  the  history  and  previous 
conduct  of  the  person  so  arrested  and  such  other  facts  as  may  show  whether  he  or  she 
may  properly  be  released  on  probation  under  the  provisions  of  this  act.  (2).  To 
report  to  the  court  the  facts  so  ascertained.  (3).  To  preserve  complete  records  of  all 
such  cases  investigated,  including  descriptions  sufficient  for  identification,  with  the 
findings  of  the  court,  its  action  in  the  case,  and  the  subsequent  history  of  the  pro- 
bationer, in  such  form  as  may  be  prescribed  under  the  provisions  of  this  act.  Such 
records  shall  be  a  part  of  the  records  of  said  court  and  shall  at  all  times  be  open 
to  the  inspection  of  all  officers  of  the  court.  (4).  To  make  such  other  reports  as  the 
court  may  direct  or  as  may  be  by  law  required.  (5).  To  take  charge  of  all  persons 
so  placed  on  probation  under  such  regulations  and  for  such  time  as  may  be  pre- 
scribed by  the  court,  giving  to  each  probationer  full  instructions  as  to  the  terms  of 
his  release  upon  probation,  and  requiring  from  him  such  periodical  reports  as  shall 
keep  the  officer  informed  as  to  his  conduct. 

§  3.  Whenever  any  minor  shall  have  been  arrested,  the  clerk  of  the  court  before 
which  said  minor  is  brought  shall,  if  practicable,  notify  said  probation  officer  in 
advance,  and  said  court  may  commit  said  minor  to  the  care  and  custody  of  said 
probation  officer,  both  before  and  after  trial,  and  the  trial  of  such  minor  shall,  when- 
ever practicable,  be  held  in  chambers. 

§  4.  When,  in  the  judgment  of  any  court,  a  person  arrested  charged  with  a  mis- 
demeanor or  a  crime  not  punishable  by  imprisonment  in  the  state  prison  may 
properly  be  so  released,  the  case  shall  proceed  in  due  form  and  sentence  shall  be 
pronounced.  The  court  may  then  suspend  the  execution  of  judgment  and  commit  the 
person  so  sentenced  to  the  care  of  a  probation  officer  for  such  time,  not  exceeding 
one  year,  as  the  court  may  fix.  If  the  sentence  is  to  pay  a  fine  and  to  stand  com- 
mitted until  the  same  is  paid,  the  fine  may  be  paid  to  said  probation  officer  at  any 
time  during  the  period  of  probation,  whereupon  the  order  of  commitment  shall  be 
void.  Said  officer  shall  give  a  receipt  for  every  fine  so  paid,  shall  keep  a  record  of 
the  same,  shall  pay  the  fine  to  the  clerk  of  the  court  at  its  next  session,  and  shall 
keep  on  file  the  clerk's  receipt  therefor. 

§  5.  Every  person  placed  on  probation  under  the  provisions  of  this  act  shall,  dur- 
ing the  term  fixed  for  such  probation,  observe  all  rules  prescribed  for  his  conduct 
by  the  court,  report  to  the  probation  officer  as  directed,  and  maintain  a  correct  life. 
In  case  of  failure  to  meet  any  of  these  requirements,  and  at  any  time  prior  to  the 
final  disposition  of  the  case  of  any  person  placed  on  probation  in  the  custody  of  a 
probation  officer,  said  officer  may  arrest  him  without  a  warrant  or  other  process  and 
bring  him  before  the  court,  or  the  court  may  issue  a  warrant  directing  that  he  be 
arrested  and  brought  before  it.  When  such  person  is  brought  before  the  court,  the 
court  may  revoke  the  suspension  of  the  execution  of  his  sentence,  whereupon  his 
sentence  shall  be  in  full  force  and  effect,  or  the  court  may  continue  the  suspension. 
Probation  officers  shall  not  be  active  members  of  any  regular  police  force  or  sheriffs 
or  deputy  sheriffs,  but  shall,  in  the  execution  of  their  official  duties,  have  all  the 
powers  of  police  officers.  The  records  of  any  of  said  probation  officers  may  at  all 
times  be  inspected  by  the  chief  of  police  of  any  city  or  town,  or  the  sheriff  or 
deputy  sheriff  of  any  county. 

§  6.  Probation  officers  shall  be  reimbursed  for  all  necessary  expenses  incurred 
in  the  prosecution  of  their  duties  under  this  act,  and  shall  receive  compensation 
for  actual  service  at  such  rate,  not  exceeding  three  dollars  per  day,  as  may  be  fixed 
by  the  court  appointing  such  officers,  said  compensation  and  expenses  to  be  paid,  upon 
the  order  of  the  court,  by  the  county  treasurer  of  the  county  in  which  such  superior 
court,  criminal  court  of  common  pleas,  or  district  court  is  held,  and  by  the  treas- 
urer of  the  city,  borough,  or  town  in  which  such  police,  city,  borough,  or  town 
court  is  held. 

§  7.  In  case  of  the  absence  of  the  probation  officer,  any  court  may  appoint  a 
probation  officer  pro  tempore,  who  shall  have  all  the  powers  and  perform  all  the 
duties  of  the  probation  officer,  and  who  shall  receive  as  compensation  for  each  day's 
service  a  sum  equal  to  the  rate  per  day  of  the  salary  of  the  probation  officer,  to  be 
paid  in  the  manner  provided  in  the  preceding  section. 


REPORT  OF  THE  PROBATION  COMMISSION.  147 

§  8.  The  probation  service  of  the  state  shall  be  under  the  general  supervision  of 
the  Connecticut  Prison  Association,  whose  officers  shall  prepare  such  blanks  for  reports 
and  such  books  for  records,  including  a  description  of  each  probationer  sufficient  for 
identification,  as  may  be  required  for  the  efficiency  of  this  service,  and  these  books 
and  blanks  shall  be  provided  by  the  comptroller  and  furnished  to  all  probation 
officers  at  the  expense  of  the  state.  The  clerk  of  every  court  by  which  a  probation 
officer  is  appointed  under  this  act  shall  forthwith  notify  said  prison  association  of  the 
name  of  the  officer  so  appointed.  Every  probation  officer  shall  make  a  quarterly 
report  to  said  prison  association  in  such  form  as  said  prison  association  shall  direct. 
Said  prison  association  shall  annually  make  a  report  to  the  governor  on  the  operation 
of  the  probation  system  and  its  results,  together  with  recommendations  for  the  im- 
provement of  the  service. 

Probation  Officers. 

Chapter  142,   June    16,    1905 ;    revising   1903,   ch.    126. 

AN  ACT  amending  an  act  providing  for  the  appointment  of  probation  officers,  defining 
their  duties,  and  providing  for  the  separate  trial  of  juvenile  offenders. 

Section  1.  Chapter  126  of  the  Public  Acts  of  1903  is  hereby  amended  to  read  as 
follows  :  The  judge  of  every  superior  court  and  of  every  criminal  court  of  common 
pleas  may,  and  the  judge  of  every  district,  police,  city,  borough,  and  town  court  shall, 
appoint,  within  three  months  after  the  passage  of  this  act,  one  or  more  probation 
officers,  male  or  female,  to  act  under  the  direction  of  such  court,  and  may  remove 
them  at  pleasure. 

§  2.  The  duties  of  such  probation  officer  shall  be:  (1)  To  investigate  the  case 
of  any  person  brought,  or  about  to  be  brought,  before  the  court,  under  whose  direc- 
tion he  is  a  probation  officer,  for  any  misdemeanor  or  any  crime  not  punishable  by 
imprisonment  in  the  state  prison,  the  object  of  such  visit  being  to  ascertain  the  his- 
tory and  previous  conduct  of  the  person  so  arrested  and  such  other  facts  as  may  show 
whether  he  or  she  may  properly  be  released  on  probation  under  the  provisions  of  this 
act,  and  after  am  arrest  such  probation  officer  shall,  whenever  possible,  have  opportu- 
nity to  confer  with  the  accused  before  his  arraignment  in  court.  (2)  To  report 
to  the  court  the  facts  so  ascertained.  (8)  To  preserve  complete  records  of  all  such 
cases  investigated,  including  descriptions  sufficient  for  identification,  with  the  findings 
of  the  court,  its  action  in  the  case  and  the  subsequent  history  of  the  probationer, 
in  such  form  as  may  be  prescribed  under  the  provisions  of  this  act.  Such  records 
shall  be  a  part  of  the  records  of  said  court  and  shall  at  all  times  be  open  to  the 
inspection  of  all  officers  of  the  court.  (4)  To  make  such  other  reports  as  the  court 
may  direct  or  as  may  be  by  law  required.  (5)  To  take  charge  of  all  persons  so 
placed  on  probation  under  such  regulations  and  for  such  time  as  may  be  prescribed 
by  the  court,  giving  to  each  probationer  full  instructions  as  to  the  terms  of  his 
release  upon  probation,  and  requiring  from  him  such  periodical  reports  as  shall  keep 
the  officer  informed  as  to  his  conduct. 

§  3.  Whenever  any  minor  shall  have  been  arrested,  the  probation  officer  shall,  as 
r.oon  after  the  arrest  as  practicable,  be  notified  by  the  police  in  order  that  he  may, 
before  the  trial,  ascertain  the  facts  in  the  case.  Pending  such  investigation,  the 
court  may  commit  the  accused  to  the  custody  of  the  probation  officer. 

§  4.  In  cases  within  its  jurisdiction  any  criminal  court,  after  hearing,  may  adjourn 
the  case  or  suspend  sentence  and  commit  the  accused  to  the  custody  of  a  probation 
officer  for  such  time,  not  exceeding  one  year,  as  the  court  may  fix.  If  the  sentence  is 
to  pay  a  fine  and  to  stand  committed  until  the  same  is  paid,  the  fine  may  be  paid  to 
said  probation  officer  at  any  time  during  the  period  of  probation,  whereupon  the 
order  of  commitment  shall  be  void.  Said  officer  shall  give  a  receipt  for  every  fine  so 
paid,  shall  keep  a  record  of  the  same,  shall  pay  the  fine  to  the  clerk  of  the  court 
at  its  next  session,  and  shall  keep  on  file  the  clerk's  receipt  therefor. 

§  5.  Every  person  placed  on  probation  under  the  provisions  of  this  act  shall,  dur- 
ing the  term  fixed  for  such  probation,  observe  all  rules  prescribed  for  his  conduct  by 
the  court,  report  to  the  probation  officer  as  directed,  and  maintain  a  correct  life.  In 
case  of  failure  to  meet  any  of  these  requirements,  and  at  any  time  prior  to  the  final 
disposition  of  the  case  of  any  person  placed  on  probation  in  the  custody  of  a  probation 
officer,  said  officer  may  arrest  him  without  a  warrant  or  other  process  and  bring  him 


148  REPORT  OF  THE  PROBATION  COMMISSION. 

before  the  court,  or  the  court  may  issue  a  warrant  directing  that  he  be  arrested  and 
brought  before  it.  When  such  person  is  brought  before  the  court,  the  court  may 
revoke  the  suspension  of  the  execution  of  his  sentence,  whereupon  his  sentence  shall 
be  in  full  force  and  effect,  or  the  court  may  continue  the  suspension.  Probation  officers 
shall  not  be  active  members  of  any  regular  police  force,  or  sheriffs  or  deputy  sheriffs, 
but  shall,  in  the  execution  of  their  official  duties,  have  all  the  powers  of  police 
officers.  The  records  of  any  of  said  probation  officers  may  at  all  times  be  inspected 
by  the  chief  of  police  of  any  city  or  town,  or  the  sheriff  or  deputy  sheriff  of  any 
county. 

§  6.  Probation  officers  shall  be  reimbursed  for  all  necessary  expenses  incurred  in 
the  prosecution  of  their  duties  under  this  act,  and  shall  receive  compensation  for 
actual  service  in  cities  of  fifty  thousand  inhabitants  or  over  at  such  rate  not  exceed- 
ing four  dollars  per  day,  and  all  other  cities  and  towns  of  the  state  at  such  rate 
not  exceeding  three  dollars  per  day,  as  may  be  fixed  by  the  court  appointing  such 
officers,  said  compensation  and  expenses  to  be  paid,  upon  the  order  of  the  court,  by 
the  county  treasurer  of  the  county  in  which  such  superior  court,  criminal  court  of 
common  pleas,  or  district  court  is  held,  and  by  the  treasurer  .of  the  city,  borough, 
or  town  in  which  such  police,  city,  borough,  or  town  court  is  held. 

§  7.  In  case  of  the  absence  of  the  probation  officer,  any  court  may  appoint  a 
probation  officer  pro  tempore,  who  shall  have  all  the  powers  and  perform  all  the 
duties  of  the  probation  officer,  and  who  shall  receive  as  compensation  for  each  day's 
service  a  sum  equal  to  the  rate  per  day  of  the  salary  of  the  probation  officer,  to  be 
paid  in  the  manner  provided  in  the  preceding  section. 

§  8.  Any  justice  of  the  peace  before  whom  is  brought  a  person  who,  in  his  judg- 
ment, ought  to  be  released  on  probation,  may  appoint  a  probation  officer  pro  tempore 
for  the  care  of  the  accused,  who  shall  serve  without  compensation. 

§  9.  Every  person  placed  in  charge  of  a  probation  officer  according  to  the  pro- 
visions of  this  act  shall  be  considered  the  ward  of  said  probation  officer  within  the 
provisions  of  section  2695  of  the  general  statutes. 

§  10.  The  probation  service  of  the  state  shall  be  under  the  general  supervision  of 
the  Connecticut  Prison  Association,  whose  officers  shall  prepare  such  blanks  for 
reports  and  such  books  for  record,  including  a  description  of  each  probationer  sufficient 
for  identification,  as  may  be  required  for  the  efficiency  of  this  service,  and  these 
books  and  blanks  shall  be  provided  by  the  comptroller  and  furnished  to  all  probation 
officers  at  the  expense  of  the  state.  The  clerk  of  every  court  by  which  a  probation 
officer  is  appointed  under  this  act  shall  forthwith  notify  said  prison  association  of 
the  name  of  the  officer  so  appointed.  Every  probation  officer  shall  make  a  quarterly 
report  to  said  prison  association  in  such  form  as  said  prison  association  shall  direct. 
Said  prison  association  shall  annually  make  a  report  to  the  governor  on  the  opera- 
tion of  the  probation  system  and  its  results,  together  with  recommendations  for  the 
improvement  of  the  service.  The  comptroller  is  hereby  authorized  to  pay,  on  the 
requisition  of  the  secretary  of  the  Connecticut  Prison  Association,  a  sum  not  exceed- 
ing fifty  dollars  per  month  for  clerical  services  to  carry  out  the  provisions  of  this 
act. 

DISTRICT  OF  COLUMBIA. 

Probation  Officers. 

U.  S.  chapter  847,  March  3,  1901. 

AN  ACT  to  enlarge  the  powers  of  the  courts   of  the   District  of  Columbia   in  cases 
involving  delinquent  children,  and  for  other  purposes. 

Section  1.  That  the  judges  of  the  criminal  and  police  courts  of  the  District  of 
Columbia  are  hereby  authorized  and  empowered,  at  their  discretion,  to  commit  to 
the  custody  and  care  of  the  Board  of  Children's  Guardians  of  the  District  of  Columbia 
children  under  seventeen  years  of  age  who  shall  be  convicted  of  petty  crimes  or 
misdemeanors  which  may  be  punishable  with  fine  or  imprisonment ;  and  said  Board  of 
Children's  Guardians  shall  place,  under  contract,  such  children  in  such  suitable 
homes,  institutions,  or  training  schools  for  the  care  of  children  as  it  may  deem 
wise  and  proper. 

§  2.  That  no  court  shall  commit  a  child  under  seventeen  years  of  age,  charged 
with  or  convicted  of  a  petty  crime  or  misdemeanor  punishable  by  a  fine  or  im- 
prisonment, to  a  jail,  workhouse,  or  police  station,  but  if  such  child  be  unable  to 


REPORT  OF  THE  PROBATION  COMMISSION.  149 

give  bail  or  pay  a  fine,  it  may  be  committed  to  the  Board  of  Children's  Guardians 
temporarily  or  permanently,  in  the  discretion  of  the  court,  and  said  board  shall  make 
some  suitable  provision  for  said  child  outside  the  inclosure  of  any  jail,  workhouse, 
or  police  station,  or  said  court  may  commit  such  child  to  the  Reform  School  under 
the  laws  now  providing  for  such  commitment. 

§  3.  That  for  the  purpose  of  aiding  the  court  in  a  proper  disposition  of  cases 
referred  to  in  section  one,  the  Board  of  Children's  Guardians  is  hereby  authorized 
and  directed  to  designate  one  of  its  employees  as  a  probation  officer,  whose  duty  it 
shall  be  to  make  such  investigation  in  cases  involving  children  under  seventeen  years 
of  age  as  the  court  may  direct,  to  be  present  in  court  in  order  to  represent  the 
interests  of  the  child  when  the  case  is  heard,  to  furnish  the  court  such  information 
and  assistance  as  the  judge  may  require,  and  to  take  charge  of  any  child  before  and 
after  trial  as  may  be  directed  by  the  court. 

§  4.  That  any  person  within  the  District  of  Columbia,  of  sufficient  financial 
ability,  who  shall  refuse  or  neglect  to  provide  for  any  child  .under  the  age  of 
fourteen  years,  of  which  he  or  she  shall  be  the  parent  or  guardian,  such  food,  cloth- 
ing, and  shelter  as  will  prevent  the  suffering  and  secure  the  safety  of  such  child, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
subject  to  punishment  by  a  fine  of  not  more  than  one  hundred  dollars,  or  by  im- 
prisonment in  the  workhouse  of  the  District  of  Columbia  for  not  more  than  three 
months,  or  both  such  fine  and  imprisonment. 

§  5.  That  whenever  petition  or  information  shall  have  been  filed  in  any  court  of 
the  District  of  Columbia  authorized  to  commit  children  to  the  care,  custody,  and  guar- 
dianship of  the  Board  of  Children's  Guardians  for  such  commitment  of  any  child, 
and  upon  the  hearing  of  the  same  before  said  court  it  shall  appear  to  the  satisfaction 
of  the  court  that  such  child  is  entitled  to  be  committed  as  aforesaid  sunder  or  by 
virtue  of  any  of  the  provisions  of  the  Act  of  Congress  approved  July  twenty-sixth, 
eighteen  hundred  and  ninety-two,  entitled  "An  act  to  provide  for  the  care  of  dependent 
children  in  the  District  of  Columbia  and  to  create  a  Board  of  Children's  Guardians," 
and  if  said  evidence  tends  to  show  that  such  child  has  a  father  or  mother,  either  of 
whom  is  able  to  contribute  to  the  support  of  such  child,  either  by  reason  of  having 
means  or  property  or  having  an  income  consisting  of  wages  or  salary  due  for  per- 
sonal services  or  labor  or  otherwise,  but  fails  or  neglects  so  to  do,  then  the  prose- 
cuting officer  shall  file  in  the  police  court  of  the  District  of  Columbia  an  information 
charging  said  father  or  mother,  or  both,  with  such  failure  or  neglect,  and  upon 
conviction  thereof  the  said  court  shall  require  the  father  or  the  mother  of  such  child, 
or  both  such  father  and  mother,  to  contribute  by  stated  payments,  to  be  made  to  said 
Board  of  Children's  Guardians,  toward  the  support  of  such  child  such  sum  or  sums, 
monthly,  weekly  or  otherwise,  as  in  the  judgment  of  said  court  either  or  both  such 
father  and  mother  should  and  may  be  able  to  pay ;  and  the  courts  aforesaid  may 
at  any  time  hear  and  determine  any  petition  for  an  order  for  contribution  toward 
maintenance  of  any  child  who  has  heretofore  been  or  who  may  hereafter  be  committed 
to  the  guardianship  of  the  Board  of  Children's  Guardians,  or  for  modifying  or  sus- 
pending the  operation  of  any  such  order  previously  made. 

§  6.  That  any  person  against  whom  an  order  for  contribution  toward  maintenance 
may  have  been  made,  as  provided  for  in  this  act,  who  shall  refuse  or  neglect  to 
make  such  payments  as  ordered  shall  be  deemed  guilty  of  contempt,  and  upon  convic- 
tion thereof  shall  be  sentenced  to  suffer  imprisonment  in  the  workhouse  of  the  Dis- 
trict of  Columbia  not  less  than  three  months  nor  more  than  one  year ;  and  such 
imprisonment  shall  not  exempt  such  person  from  additional  imprisonment  for  further 
neglect  or  refusal  to  make  contribution  as  aforesaid.  Provided,  however,  That 
if,  after  such  conviction,  any  such  parent  shall  appear  before  such  conviction 
shall  have  taken  place  and  shall  show  to  the  satisfaction  of  the  court  that  the 
amount  due  under  such  order,  up  to  the  time  of  conviction,  has  been  paid,  and 
further,  with  good  and  sufficient  surety,  to  be  approved  by  said  court,  shall  enter 
into  bond  to  the  United  States  in  the  penal  sum  of  five  hundred  dollars,  conditioned 
that  he  will  thereafter  pay  such  sums  as  may  have  been  ordered  or  that  may  there- 
after be  ordered  to  be  paid  by  said  court  until  such  order  shall  be  revoked,  the  said 
court  may  suspend  sentence  therein  during  the  continuance  of  such  bond. 

§  7.  That  the  disbursing  officer  of  the  Board  of  Children's  Guardians  shall  receive 
and  shall  be  responsible  under  his  bond  for  all  moneys  paid  to  said  board  under  the 
provisions  of  this  Act,  and  shall  pay  the  amounts  so  received  by  him  into  the 
treasury  of  the  United  States  within  twenty  days  after  the  close  of  such  fiscal 
quarter. 


150  REPORT  OF  THE  PROBATION  COMMISSION. 

§  8.  That  all  acts  and  portions  of  acts  consistent  with  the  provisions  mentioned 
above  are  hereby  repealed,  and  the  terms  of  the  provisions  in  the  above  sections 
shall  become  law  on  and  after  the  date  of  approval. 

IDAHO. 
Juvenile  Courts  and  Probation  System. 

Page   106,    March  2,    1905. 
AN  ACT  to  provide  for  the  care  of  delinquent  children. 

Section  1.  This  act  shall  apply  only  to  children  sixteen  (16)  years  of  age  or 
under,  not  inmates  of  a  state  institution,  or  any  institution  incorporated  under 
the  laws  of  the  state  for  the  care  and  correction  of  delinquent  children.  The  words 
"  delinquent  child  "  shall  include  any  child  sixteen  (16)  years  of  age  or  under  such 
age,  who  violates  any  law  of  this  state  or  any  city  or  village  ordinance,  or  who 
is  incorrigible ;  or  who  knowingly  associates  with  thieves,  vicious  or  immoral  persons ; 
or  who  is  growing  up  in  idleness  or  crime ;  or  who  knowingly  visits  or  enters  a 
house  of  ill-fame,  or  who  knowingly  patronizes  or  visits  any  policy  shop  or  place 
where  any  gambling  device  is,  or  shall  be,  operated  ;  or  who  patronizes  or  visits  any 
saloon  or  dram  shop  where  intoxicating  liquors  are  sold,  or  who  patronizes  or  visits 
any  public  pool  room  or  bucket  shop ;  or  who  wanders  about  the  streets  in  the  night 
time  without  being  on  any  lawful  business  or  occupation  ;  or  who  habitually  wanders 
about  any  railroad  yard  or  tracks,  or  jumps  or  hooks  on  to  any  moving  train,  or 
enters  any  car  or  engine  without  lawful  authority ;  or  who  habitually  uses  vile, 
obscene,  vulgar,  profane  or  indecent  language,  or  who  is  guilty  of  immoral  conduct 
in  any  public  place  or  about  any  school  house.  Any  child  committing  any  of  the 
acts  herein  mentioned  shall  be  deemed  a  ju/o.iilo  delinquent  person,  and  thall  be 
proceeded  against  as  such  in  the  manner  hereinafter  provided.  A  disposition  of'  any 
child  under  this  act,  or  any  evidence  given  in  such  cause,  shall  not  in  any  civil, 
criminal  or  other  cause  or  proceeding  whatever  in  any  court  be  lawful  or 
proper  evidence  against  such  child  for  any  purpose  whatever,  excepting  in  subsequent 
cases  against  the  same  child  under  this  act.  The  word  "  child"  or  "  children  "  may 
mean  one  or  more  children,  or  the  word  "  parent  "  or  "  parents  "  may  mean  one  or 
both  parents  when  consistent  with  the  intent  of  this  act 

§  2.  The  probate  courts  of  the  several  counties  in  this  state  shall  have  juris- 
diction in  all  cases  coming  within  the  terms  and  provisions  of  this  act.  Record 
books  shall  be  kept  by  the  court  for  all  cases  coming  within  the  provisions  of  this 
act,  to  be  known  as  "  the  juvenile  record,"  and  the  docket  or  calendar  of  the 
court  upon  which  there  shall  appear  the  case  or  cases  under  the  provisions  of  this 
&ct  shall  be  known  as  "  the  juvenile  docket."  Between  the  first  and  thirtieth  days 
of  October  of  each  year  the  court  shall  submit  to  the  Governor  a  report  in  writing, 
upon  blanks  to  be  furnished  by  the  State,  showing  the  number  and  disposition  of 
delinquent  children  brought  before  such  court,  together  with  such  other  useful  infor- 
mation regarding  such  cases  and  the  parentage  of  such  children  as  may  be  reasonably 
obtained  at  the  trials  thereof  :  Provided,  That  the  name  or  identity  of  any  such  child 
or  parent  shall  not  be  disclosed  in  such  report  and  that  such  report  shall  not  be 
published  at  state  expense. 

§  3.  All  proceedings  under  this  act  shall  be  by  information  or  sworn  complaint 
to  be  filed  by  the  prosecuting  attorney  of  the  county  as  in  other  cases  under  the 
general  laws  of  the  state.  In  any  such  information  or  complaint  filed  under  this  act, 
the  act  or  acts  claimed  to  have  been  committed  by  the  child  proceeded  against  shall 
in  a  general  way  be  stated  therein  as  constituting  'such  child  a  juvenile  delinquent 
child  or  person.  When  the  information  or  complaint  so  states  a  cause  of  delin- 
quency under  the  provisions  of  this  act,  that  the  court  may  understand  it,  all  irregu- 
larities or  defects  of  form  therein,  must  be  disregarded  and  all  technical  pleas  or 
objections  thereto,  must  be  summarily  disposed  of  by  the  court,  and  the  court's 
ruling  thereon  shall  be  final.  It  shall  be  unlawful  for  any  officer  or  person  to 
charge  or  collect  any  fees,  or  for  any  county  or  the  state  to  pay  any  fees  for  any 
service  performed  by  any  officer  or  person  under  the  provisions  of  this  act. 

§  4.  Upon  the  filing  of  an  information  under  this  act,  a  warrant  of  capias  may 
issue  as  in  other  cases,  but  no  incarceration  of  the  child  proceeded  against  there- 
under shall  be  made  or  had  unless  in  the  opinion  of  the  judge  of  the  court,  or  in 


REPORT  OF  THE  PROBATION  COMMISSION.  151 

the  absence  of  the  judge  from  the  county  seat,  then  in  the  opinion  of  the  sheriff  of 
the  county,  it  shall  be  necessary  to  insure  its  attendance  in  court  at  such  times  as 
shall  be  required.  In  order  to  avoid  such  incarceration,  if  practicable,  it  shall  be 
the  duty  of  the  sheriff  of  the  county,  or  his  deputy  or  representative,  to  serve  a 
notice  of  the  proceedings  upon  at  least  one  parent  of  the  child,  if  living  and  known, 
or  its  legal  guardian,  or  if  his  or  her  whereabouts  or  residence  is  not  known,  or 
if  neither  parent  or  guardian  shall  be  in  this  state,  then  some  relative  living  in  the 
county  if  any  there  be  whose  whereabouts  are  known,  and  such  judge  or  sheriff  may 
accept  the  verbal  or  written  promise  of  such  person  so  notified,  or  of,  any  other  proper 
person  to  be  responsible  for  the  presence  of  such  child  at  the  hearing  in  such  case, 
or  at  any  other  time  to  which  the  same  may  be  adjourned  or  continued  by  the  court. 
In  cas^  such  child  shall  fail  to  appear  at  such  time  or  times  as  the  court  may 
require,  the  person  or  persons  responsible  for  its  appearance  as  herein  provided  for 
unless  in  the  opinion  of  the  court  there  shall  be  reasonable  cause  for  such  failure 
of  such  child  to  appear  as  herein  provided  for,  may  be  proceeded  aga,inst  as  in 
cases  of  contempt  of  court  and  punished  accordingly ;  and  where  any  such  child 
shall  have  failed  to  appear  as  require'd  by  the  court  or  its  officers,  any  warrants, 
capias  or  alias  capias  issued  in  such  case  may  be  executed  as  in  other  cases : 
Provided,  however,  That  no  child  under  fourteen  (14)  years  of  age  shall  under  any 
circumstances  be  incarcerated  in  any  common  jail,  cell  or  lock-up,  but  a  suitable 
room  in  the  county  building  or  court  house,  must  be  provided  wherein  the  sheriff 
may  safely  keep  such  child.  Any  such  child  so  informed  against  shall  also  have  the 
right  now  given  by  law  to  any  person  to  give  bond  or  other  security  for  its  appear- 
ance at  the  trial  of  such  case,  and  the  court  may,  in  any  such  case,  appoint  counsel 
to  appear  and  defend  on  behalf  of  any  such  child,  who  must  serve  without  com- 
pensation from  the  county  or  State. 

§  5.  When  any  child  sixteen  (16)  years  of  age  or  under  is  arrested  with  or 
without  warrant,  except  when  the  charge  against  such  child  is  a  felony,  such 
child  shall  instead  of  being  taken  before  a  justice  of  the  peace  or  police  magistrate, 
be  taken  directly  before  the  probate  court ;  or,  if  the  child  is  taken  before  a  justice 
of  the  peace!  or  police  magistrate,  upon  complaint  sworn  out  in  such  court  or  for  any 
other  reason,  it  shall  be  the  duty  of  such  justice  of  the  peace  or  police  magistrate 
to  transfer  the  case  to  such  probate  court,  and  the  officer  having  the  child  in 
charge,  to  take  the  child  before  that  court,  and,  in  any  such  case  the  court  may 
proceed  to  hear  and  dispose  of  the  case  in  the  same  manner  as  if  such  child  had 
been  brought  before  the  court  upon  information  originally  filed  as  herein  provided. 

§  6.  In  any  case  of  a  delinquent  child  coming  .under  the  provisions^  of  this  act, 
the  court  may  continue  the  hearing  from  time  to  time,  and  may  commit  the  child 
to  the  care  of  the  sheriff,  and  may  allow  said  child  to  remain  in  its  own  home, 
subject  to  the  visitation  of  the  sheriff ;  such  child  to  report  to  the  court  or  sheriff 
as  often  as  may  be  required,  and  subject  to  be  returned  to  the  court  for  further 
proceedings  whenever  such  action  may  appear  necessary ;  or  the  court  may  cause  the 
child  to  be  placed  in  a  suitable  family  home,  subject  to  the  friendly  supervision  of 
the  sheriff,  and  the  further  order  of  the  court,  or  it  may  authorize  the  child  to  be 
boarded  out  in  some  suitable  family  home,  in  case  provision  is  made  by  voluntary 
contribution  or  otherwise  for  the  payment  of  the  board  of  such  child,  until  suitable 
provision  be  made  for  the  child  in  a  home  without  such  payment,  or  the  court  may 
commit  such  child  to  the  Idaho  Industrial  Reform  School ;  or  the  court  may  com- 
mit the  child  to  any  institution  within  the  county,  incorporated  under  the  laws  of 
this  state,  that  may  care  for  children,  or  which  may  be  provided  by  state  or  county, 
suitable  for  the  care  of  such  children,  or  to  any  state  institution  which  may  now  or 
hereafter  be  established  for  the  care  of  boys  or  girls.  In  no  case  shall  a  child 
proceeded  against  under  the  provisions  of  this  act  be  committed  beyond  the  age  of 
twenty-one.  A  child  committed  to  any  such  institution  shall  be  subject  to  the 
control  of  the  board  of  managers  and  the  said  board  shall  have  power  to  parole 
such  child  on  such  conditions  as  it  may  prescribe ;  and  the  court  shall,  on  the 
recommendation  of  the  board,  have  power  to  discharge  such  child  from  custody 
whenever,  in  the  judgment  of  the  court,  his  or  her  reformation  is  complete  ;  or  the 
court  may  commit  the  child  to  the  care  and  custody  of  some  association  or  society 
that  will  receive  it,  embracing  in  its  objects  the  care  of  neglected  or  delinquent  chil- 
dren, and  which  has  been  duly  credited  as  herein  provided :  That  when  the  court 
shall  commit  a  child  to  any  person  or  association  or  institution  of  any  kind  other 
than  some  institution  existing  under  the  authority  of '  the  laws  of  this  state,  it 


152  KEPORT  OF  THE  PROBATION  COMMISSION. 

must  not  be  at  the  expense  of  the  state,  and  in  all  cases  the  court  may  require 
a  proper  bond  of  the  party  or  institution  receiving  the  custody  of  such  child  for  its 
proper  care,  support  and  education. 

§  7.  All  institutions  or  associations  other  than  state  institutions  receiving  children 
under  this  act  shall  be  subject  to  the  same  visitation,  inspection  and  supervision,  as 
are  public  charitable  institutions  of  this  state,  and  it  shall  be  the  duty  of  the 
Governor  to  pass  annually  upon  the  fitness  of  any  institution  or  association  which 
may  receive,  or  desire  to  receive,  any  child  or  children  under  the  provisions  of  this 
a*t;  and  every  such  institution  or  association  shall,  at  such  times  as  said  Governor 
shall  direct,  make  a  report  to  him,  showing  its  condition,  management  and  com- 
petency to  adequately  care  for  such  children  as  are,  or  may  be,  committed  to  it,  and 
such  other  facts  as  said  Governor  may  require,  and  upon  said  Governor  being 
satisfied  that  any  such  association  or  institution  is  competent  and  has  adequate 
facilities  to  care  for  such  children,  he  shall  issue  to  the  same  a  certificate  to  that 
effect,  which  certificate  shall  continue  in  force  for  one  year  unless  sooner  revoked 
by  said  Governor.  The  court  or  the  judge  thereof,  may,  at  any  time,  require  from  any 
such  institution  or  association  receiving  or  desiring  to  receive  children  under  the 
provisions  of  this  act,  such  report,  information  and  statements  as  the  court  or  judge 
may  deem  proper  and  necessary  for  his  action^  and  the  court  shall  in  no  case  commit 
a  child  or  children  to  any  association  or  institution  whose  standing,  conduct  or  care 
of  children,  or  ability  to  care  for  the  same,  is  not  satisfactory  to  the  court. 

§  8.  In  all  cases  where  any  child  shall  be  a  delinquent  child  or  a  juvenile  delin- 
quent person,  as  defined  by  this  act,  the  parent  or  parents,  legal  guardian,  or  person 
having  the  custody  of  such  child,  or  any  other  person,  responsible  for,  or  by  any  act 
encouraging,  causing  or  contributing  to  the  delinquency  of  such  child,  shall  be  guilty 
of  a  misdemeanor,  and  upon  trial  and  conviction  thereof  shall  be  fined  in  a  sum  not 
to  exceed  one  thousand  dollars  ($1,000)  or  imprisonment  in  the  county  jail  for  a 
period  not  exceeding  one  (1)  year,  or  both  such  fine  and  imprisonment  The 
court  may  impose  conditions  upon  any  person  found  guilty  under  this  act,  and  so 
long  as  such  person  shall  comply  therewith  to  the  satisfaction  of  the  court  the 
sentence  imposed  may  be  suspended. 

§  9.  That  in  all  school  districts  of  this  state,  all  parents,  guardians  and  other 
persons  having  the  care  of  children  shall  instruct  them,  or  cause  them  to  be  in- 
structed, in  reading,  writing,  spelling,  English  grammar,  geography  and  arithmetic. 
In  such  districts,  every  parent,  guardian  or  other  person  having  charge  of  any  child 
between  the  ages  of  eight  (8)  and  sixteen  (16)  years,  shall  send  such  child  to  a 
public,  private  or  parochial  school  for  the  entire  school  year  during  which  the  public 
schools  are  in  session  in  such  districts :  Provided,  however,  That  this  act  shall  not 
apply  to  children  over  fourteen  (14)  years  of  age  where  such  child  shall  have  com- 
pleted the  eighth  grade,  or  may  be  eligible  to  enter  any  high  school  in  such  district, 
or  where  its  help  is  necessary  for  its  own  or  its  parents'  support,  or  where  for 
good  cause  shown  it  would  be  for  the  best  interests  of  such  child  to  be  relieved 
from  the  provisions  of  this  act :  Provided,  however,  That  if  such  child  is  being 
sufficiently  instructed  at  home  by  a  person  qualified,  such  child  shall  not  be  subject 
to  the  provisions  of  this  act :  And,  Provided,  further,  That  if  a  reputable  physician 
within  the  district  shall  certify  in  writing  that  the  child's  bodily  or  mental  condition 
does  not  permit  its  attendance  at  school,  such  child  shall  be  exempt  during  such 
period  of  disability  from  the  requirements  of  this  act.  It  shall  be  the  duty  of  the 
superintendent  of  the  school  district,  if  there  be  such  superintendent,  and,  if  not, 
then  the  county  superintendent  of  schools,  to  hear  and  determine  all  applications 
of  children  desiring  for  any  of  the  causes  mentioned  herein  to  be  exempted  from  the 
provisions  of  this  act,  and  if  upon  such  application  such  superintendent  hearing  the 
same  shall  be  of  the  opinion  that  such  child  is  for  any  reason  entitled  to  be  exempted 
as  aforesaid,  then  such  superintendent  shall  issue  a  written  permit  to  sueh  -child, 
stating  therein  his  reason  for  such  exemption.  An  appeal  may  be  taken  from  the 
decision  of  such  superintendent  so  passing  upon  such  application  to  the  probate 
court  of  the  county  in  which  such  district  lies,  upon  such  child  making  such  appli- 
cation and  filing  the  same  with  the  clerk  or  judge  of  said  court  within  ten  days  after 
its  refusal  by  such  superintendent,  for  which  no  fee  to  exceed  the  sum  of  one  dollar 
shall  be  charged,  and  the  decision  of  the  probate  court  shall  be  final.  An  application 
for  release  from  the  provisions  of  this  act  shall  not  be  renewed  oftener  than  once 
In  three  months. 


REPORT  OF  THE  PROBATION  COMMISSION.  153 

§  10.  Every  child  within  the  provisions  of  this  act  who  does  not  attend  school, 
as  provided  in  section  9  of  this  act,  or  who  is  in  attendance  at  any  public,  private 
or  parochial  school,  and  is  vicious,  incorrigible  or  immoral  in  conduct,  or  who  is 
an  habitual  truant  from  school,  or  who  habitually  wanders  about  the  streets  and 
public  places  during  school  hours  without  any  lawful  occupation  or  employment,  or 
who  habitually  wanders  about  the  streets  in  the  night  time,  having  no  employment 
or  lawful  occupation,  shall  be  deemed  a  juvenile  disorderly  person,  and  be  subject  to 
the  provisions  of  this  act. 

§  11.  When  a  child  shall  be  a  juvenile  disorderly  person  within  the  meaning  of  this 
act,  the  truant  officer  or  any  school  teacher,  or  other  reputable  person,  may  make 
complaint  in  the  probate  court  of  the  county  in  which  such  child  resides.  The  pro- 
bate court  shall  hear  and  determine  such  complaint,  and  if  it  is  determined  that  such 
child  is  a  juvenile  disorderly  person  within  the  meaning  of  this  act,  he  or  she  shall 
be  committed  to  a  children's  home,  if  eligible,  or  to  the  Idaho  Industrial  Reform 
School,  or  to  some  other  training  school,  taking  into  account  the  years  of  the  child 
with  reference  to  the  institution  selected.  Any  child  committed  to  a  children's 
home,  on  its  being  shown  to  the  judge  of  said  court  that  it  is  incorrigible  and 
vicious,  may  be  transferred  to  the  industrial  school  or  other  proper  institution.  No 
child  committed  to  any  reformatory  shall  be  detained  beyond  its  majority,  and  may 
be  discharged  sooner  or  paroled  by  the  trustees  or  board  of  control  under  rules  and 
restrictions  applicable  to  other  inmates.  Any  order  of  commitment  may  be  suspended 
by  the  judge  of  the  probate  court  during  such  time  as  the  child  may  regularly 
attend  school  and  properly  conduct  itself.  The  expense  of  the  transportation  of  the 
child  to  the  juvenile  reformatory  shall  be  paid  by  the  county  from  which  the  child  is 
committed. 

§  12.  The  probate  court  of  the  several  counties  in  this  state  shall  have  authority 
to  appoint  or  designate  one  or  more  discreet  persons  of  good  moral  character  to 
serve  as  probation  officers  during  the  pleasure  of  the  court;  said  probation  officers  to 
receive  no  compensation  from  the  public  treasury.  In  case  a  probation  officer 
shall  be  appointed,  it  shall  be  the  duty  of  the  judge  of  the  court,  if  practicable, 
to  notify  the  said  probation  officer  when  any  child  is  to  be  brought  before  the  court; 
it  shall  be  the  duty  of  such  probation  officer  to  make  investigation  of  such  case; 
to  be  present  in  court  to  represent  the  interests  of  the  child  when  the  case  is  heard ; 
to  furnish  to  the  court  such  information  and  assistance  as  the  court  or  judge  may 
require,  and  to  take  charge  of  any  child  before  and  after  the  trial  as  may  be  directed 
by  the  court  or  judge.  Probation  officers  provided  for  by  this  act  are  hereby  vested 
with  all  power  and  authority  of  sheriffs,  constables  and  police  officers  to  make 
arrests  and  perform  other  duties  incident  to  their  office  as  probation  officers. 

§  13.  All  orders  of  final  judgments  made  by  any  probate  court  of  the  judge 
thereof  under  this  act,  may  be  reviewed  upon  questions  of  law  only. 

ILLINOIS. 
Juvenile  Courts  and  Probation  System. 

Page   131,   April   21,   1899. 

AN  ACT  to  regulate  the  treatment  and  control  of  dependent,  neglected  and  delinquent 

children. 

Section  1.  This  act  shall  apply  only  to  children  under  the  age  of  16  years  not  now 
or  hereafter  inmates  of  a  state  institution,  or  any  training  school  for  boys  or  indus- 
trial school  for  girls  or  some  institution  incorporated  under  the  laws  of  this  state, 
except  as  provided  in  sections  12  and  18.  For  the  purposes  of  this  act  the  words 
"  dependent  child  "  and  "  neglected  child  "  shall  mean  any  child  who  for  any  reason  is 
destitute  or  homeless  or  abandoned ;  or  dependent  upon  the  public  for  support ;  or  has 
not  proper  paternal  care  or  guardianship  ;  or  who  habitually  begs  or  receives  alms ; 
or  who  is  found  living  in  any  house  of  ill-fame  or  with  any  vicious  or  disreputable 
person ;  or  whose  home,  by  reason  of  neglect,  cruelty  or  depravity  on  the  part  of  its 
parents,  guardian  or  other  person  in  whose  care  it  may  be,  is  an  unfit  place  for 
such  a  child ;  and  any  child  under  the  age  of  8  years  who  is  found  peddling  or  selling 
any  article  or  singing  or  playing  any  musical  instrument  upon  the  streets  or  giving 
any  public  entertainment.  The  words  "  delinquent  child  "  shall  include  any  child 
under  the  age  of  16  years  who  violates  any  law  of  this  state  or  any  city  or  village 


154  REPORT  OF  THE  PROBATION  COMMISSION. 

ordinance.  The  word  "  child  "  or  "  children  "  may  mean  one  or  more  children,  and 
the  word  "  parent  "  or  "  parents  "  may  be  held  to  mean  one  or  both  parents,  when 
consistent  with  the  intent  of  this  act.  The  word  association  shall  include  any 
corporation  which  includes  in  its  purposes  the  care  or  disposition  of  children  coming 
within  the  meaning  of  this  act. 

§  2.  The  circuit  and  county  courts  of  the  several  counties  in  this  state  shall  have 
original  jurisdiction  in  all  cases  coming  within  the  terms  of  this  act.  In  all  trials 
under  this  act  any  person  interested  therein  may  demand  a  jury  of  6  or  the  judge 
of  his  own  motion  may  order  a  jury  of  the  same  number,  to  try  the  case. 

§  3.  In  counties  having  over  50,000  population  the  judges  of  the  circuit  court  shall, 
at  such  times  as  they  shall  determine,  designate  one  or  more  of  their  number  whose 
duty  it  shall  be  to  hear  all  cases  coming  under  this  act.  A  special  court  room,  to  be 
designated  as  the  juvenile  court  room,  shall  be  provided  for  the  hearing  of  such 
cases,  and  the  findings  of  the  court  shall  be  entered  in  a  book  or  books  to  be  kept 
for  that  purpose  and  known  as  the  "  Juvenile  Record,"  and  the  court  may,  for  con- 
venience, be  called  the  "  Juvenile  Court." 

§  4.  Any  reputable  person,  being  resident  in  the  county,  having  knowledge  of  a 
child  in  his  county  who  appears  to  be  either  neglected,  dependent  or  delinquent,  may 
file  with  the  clerk  of  a  court  having  jurisdiction  in  the  matter  a  petition  in 
writing,  setting  forth  the  facts,  verified  by  affidavit.  It  shall  be  sufficient  that  the 
affidavit  is  upon  information  and  belief. 

§  5.  Upon  the  filing  of  the  petition  a  summons  shall  issue  requiring  the  person 
having  custody  or  control  of  the  child,  or  with  whom  the  child  may  be,  to  appear 
with  the  child  at  a  place  and  time  stated  in  the  summons,  which  time  shall  be  not 
less  than  24  hours  after  service.  The  parents  of  the  child,  if  living,  and  their 
residence,  if  known,  or  its  legal  guardian,  if  one  there  be,  or  if  there  is  neither  parent 
nor  guardian,  or  if  his  or  her  residence  is  not  known,  then  some  relative,  if  there 
be  one  and  his  residence  is  known,  shall  be  notified  of  the  proceedings,  and  in  any 
case  the  judge  may  appoint  some  suitable  person  to  act  in  behalf  of  the  child.  If 
the  person  summoned  as  herein  provided  shall  fail,  without  reasonable  cause,  to 
appear  and  abide  the  order  of  the  court,  or  to  bring  the  child,  he  may  be  proceeded 
against  as  in  case  of  contempt  of  court.  In  case  the  summons  can  not  be  served 
or  the  party  served  fails  to  obey  the  same,  and  in  any  case  when  it  shall  be  made 
to  appear  to  the  court  that  such  summons  will  be  ineffectual,  a  warrant  may  issue 
on  the  order  of  the  court,  either  against  the  parent  or  guardian  or  the  person  having 
custody  of  the  child  or  with  whom  the  child  may  be,  or  against  the  child  itself.  On 
the  return  of  the  summons  or  other  process,  or  as  soon  thereafter  as  may  be,  the 
court  shall  proceed  to  hear  and  dispose  of  the  case  in  a  summary  manner.  Pending 
the  final  disposition  of  any  case  the  child  may  be  retained  in  the  possession  of  the 
person  having  the  charge  of  same,  or  may  be  kept  in  some  suitable  place  provided 
by  the  city  or  county  authorities. 

§  6.  The  court  shall  have  authority  to  appoint  or  designate  one  or  more  discreet 
persons  of  good  character  to  serve  as  probation  officers  during  the  pleasure  of  the 
court ;  said  probation  officers  to  receive  no  compensation  from  the  public  treasury. 
In  case  a  probation  officer  shall  be  appointed  by  any  court,  it  shall  be  the  duty  of 
the  clerk  of  the  court,  if  practicable,  to  notify  the  said  probation  officer  in  advance 
when  any  child  is  to  be  brought  before  the  said  court;  it  shall  be  the  duty  of  the 
said  probation  officer  to  make  such  investigation  as  may  be  required  by  the  court; 
to  be  present  in  court  in  order  to  represent  the  interest  of  the  child  when  the  case 
is  heard  ;  to  furnish  to  the  court  such  information  and  assistance  as  the  judge  may 
require ;  and  to  take  such  charge  of  any  child  before  and  after  trial  as  may  be 
directed  by  the  court. 

§  7.  When  any  child  under  the  age  of  16  years  shall  be  found  to  be  dependent 
or  neglected  within  the  meaning  of  this  act,  the  court  may  make  an  order  commit- 
ting the  child  to  the  care  of  some  suitable  state  institution,  or  to  the  care  of  some 
reputable  citizen  of  good  moral  character  or  to  the  care  of  some  training  school 
or  an  industrial  school,  as  provided  by  law,  or  to  the  care  of  some  association 
willing  to  receive  it  embracing  in  its  objects  the  purpose  of  caring  or  obtaining 
homes  for  dependent  or  neglected  children,  which  association  shall  have  been 
accredited  as  hereinafter  provided. 

§  8.  In  any  case  where  the  court  shall  award  a  child  to  the  care  of  any  asso- 
ciation or  individual  in  accordance  with  the  provisions  of  this  act  the  child  shall, 
unless  otherwise  ordered,  become  a  ward  and  be  subject  to  the  guardianship  of  the 


REPORT  OF  THE  PROBATION  COMMISSION.  155 

association  or  individual  to  whose  care  it  is  committed.  Such  association  or  indi- 
vidual shall  have  authority  to  place  such  child  in  a  family  home,  with  or  without 
indenture,  and  may  be  made  party  to  any  proceeding  for  the  legal  adoption  of  the 
child,  and  may  by  its  or  his  attorney  or  agent  appear  in  any  court  where  such 
proceedings  are  pending  and  assent  to  such  adoption.  And  such  assent  shall  be 
sufficient  to  authorize  the  court  to  enter  the  proper  order  or  decree  of  adoption. 
Such  guardianship  shall  not  include  the  guardianship  of  any  estate  of  the  child. 

§  9.  In  the  case  of  a  delinquent  child  the  court  may  continue  the  hearing  from 
time  to  time,  and  may  commit  the  child  to  the  care  and  guardianship  of  a  proba- 
tion officer  duly  appointed  by  the  court,  and  may  allow  said  child  to  remain  in  its 
own  home  subject  to  the  visitation  of  the  probation  officer ;  such  child  to  report 
to  the  probation  officer  as  often  as  may  be  required  and  subject  to  be  returned  to 
the  court  for  further  proceedings,  whenever  such  action  may  appear  to  be  neces- 
sary ;  or  the  court  may  commit  the  child  to  the  care  and  guardianship  oT  the 
probation  officer,  to  be  placed  in  a  suitable  family  home,  subject  to  the  friendly 
supervision  of  such  probation  officer ;  or  it  may  authorize  the  said  probation  officer 
to  board  out  the  said  child  in  some  suitable  family  home,  in  case  provision  is 
made  by  voluntary  contribution  or  otherwise  for  the  payment  of  the  board  of  such 
child,  until  a  suitable  provision  may  be  made  for  the  .child  in  a  home  without 
such  payment ;  or  the  court  may  commit  the  child  if  a  boy,  to  a  training  school  for 
boys,  or  if  a  girl,  to  an  industrial  school  for  girls.  Or,  if  the  child  is  found  guilty 
of  any  criminal  offense  and  the  judge  is  of  the  opinion  that  the  best  interest 
requires  it,  the  court  may  commit  the  child  to  any  institution  within  said  county 
incorporated  under  the  laws  of  this  state  for  the  care  of  delinquent  children,  or 
provided  by  a  city  for  the  care  of  such  offenders,  or  may  commit  the  child,  if  a 
boy  over  the  age  of  ten  years,  to  the  State  Reformatory,  or  if  a  girl  over  the  age 
of  ten  years,  to  the  State  Home  for  Juvenile  Female  Offenders.  In  no  case  shall  a 
child  be  committed  beyond  his  or  her  minority.  A  child  committed  to  such  institu- 
tion shall  be  subject  to  the  control  of  the  board  of  managers  thereof,  and  the 
said  board  shall  have  power  to  parole  such  child  on  such  conditions  as  it  may 
prescribe,  and  the  court  shall,  on  the  recommendation  of  the  board,  have  power  to 
discharge  such  child  from  custody  whenever  in  the  judgment  of  the  court  his  or  her 
reformation  shall  be  complete ;  or  the  court  may  commit  the  child  to  the  care  and 
custody  of  some  association  that  will  receive  it,  embracing  in  its  objects  the  care  of 
neglected  and  dependent  children  and  that  has  been  duly  accredited  as  hereinafter 
provided. 

§  10.  When,  in  any  county  where  a  court  is  held  as  provided  in  section  3  of  this 
act,  a  cjhild  under  the  age  of  16  years  is  arrested  with  or  without  warrant,  such 
child  may,  instead  of  being  taken  before  a  justice  of  the  peace  or  police  magistrate, 
be  taken  directly  before  such  court ;  or  if  the  child  is  taken  before  a  justice  of  the 
peace  or  police  magistrate,  it  shall  be  the  duty  of  such  justice  of  the  peace  or 
police  magistrate  to  transfer  the  case  to  such  court,  and  the  officer  having 
the  child  in  charge  to  take  such  child  before  that  court,  and  in  any  such  case  the 
court  may  proceed  to  hear  and  dispose  of  the  case  in  the  same  manner  as  if  the 
child  had  been  brought  before  the  court  upon  petition  as  herein  provided.  In  any 
case  the  court  shall  require  notice  to  be  given  and  investigation  to  be  made  as  in 
other  cases  under  this  act,  and  may  adjourn  the  hearing  from  time  to  time  for  the 
purpose. 

§  11.  No  court  or  magistrate  shall  commit  a  child  under  12  years  of  age  to  a 
jail  or  police  station,  but  if  such  child  is  unable  to  give  bail  it  may  be  committed 
to  the  care  of  the  sheriff,  police  officer  or  probation  officer,  who  shall  keep  such 
child  in  some  suitable  place  provided  by  the  city  or  county  outside  of  the  enclosure 
of  any  jail  or  police  station.  When  any  child  shall  be  sentenced  to  confinement 
in  any  institution  to  which  adult  convicts  are  sentenced  it  shall  be  unlawful  to  con- 
fine such  child  in  the  same  building  with  such  adult  convicts,  or  to  confine  such 
child  in  the  same  yard  or  enclosure  with  such  adult  convicts,  or  to  bring  such  child 
into  any  yard  or  building'  in  which  such  adult  convicts  may  be  present. 

§  12.  It  shall  be  the  duty  of  "the  superintendent  of  the  State  Reformatory  at  Pontiac 
and  the  board  of  managers  of  the  State  Home  for  Juvenile  Female  Offenders  at 
Geneva,  and  the  board  of  managers  of  any  other  institution  to  which  juvenile 
delinquents  may  be  committed  by  the  courts,  to  maintain  an  agent  of  such  institu- 
tion, whose  duty  it  shall  be  to  examine  the  homes  of  children  paroled  from  such 
institution  for  the  purpose  of  ascertaining  and  reporting  to  said  court  whether  they 


156  REPORT  OF  THE  PROBATION  COMMISSION. 

are  suitable  homes ;  to  assist  children  paroled  or  discharged  from  such  institution 
in  finding  suitable  employment,  and  to  maintain  a  friendly  supervision  over  paroled 
inmates  during  the  continuance  of  their  parole ;  such  agents  shall  hold  office  sub- 
ject to  the  pleasure  of  the  board  making  the  appointment,  and  shall  receive  such 
compensation  as  such  board  may  determine  out  of  any  funds  appropriated  for  such 
institution  applicable  thereto. 

§  13.  All  associations  receiving  children  under  this  act  shall  be  subject  to  the 
same  visitation,  inspection  and  supervision  of  the  Board  of  State  Commissioners  of 
Public  Charities  as  the  public  charitable  institutions  of  this  state.  The  judges  of 
the  courts  hereinbefore  mentioned  may  require  such  information  and  statistics  from 
associations  desiring  to  have  children  committed  to  their  care  under  the  provisions 
of  this  act  as  said  judges  deem  necessary  in  order  to  enable  them  to  exercise  a 
wise  discretion  in  dealing  with  children.  Every  such  association  shall  file  with  the 
Board  of  State  Commissioners  of  Public  Charities  an  annual  printed  or  written 
report,  which  shall  include  a  statement  of  the  number  of  children  cared  for  during 
the  year,  the  number  received,  the  number  placed  in  homes,  the  number  died,  the 
number  returned  to  friends ;  also  a  financial  statement  showing  the  receipts  and  dis- 
bursements of  the  associations.  The  statement  of  receipts  shall  indicate  the  amount 
received  from  public  funds,  the  amount  received  from  donations  and  the  amount 
received  from  other  sources,  specifying  the  several  sources.  The  statement  of  dis- 
bursements shall  show  the  amount  expended  for  salaries  and  other  expenses,  specify- 
ing the  same,  the  amount  expended  for  lands,  buildings  and  investments.  The  sec- 
retary of  the  Board  of  Public  Charities  shall  furnish  to  the  judge  of  each  of  the 
county  courts  a  list  of  associations  filing  such  annual  reports,  and  no  child  shall  be 
committed  to  the  care  of  any  association  which  shall  not  have  filed  a  report  for  the 
fiscal  year  last  preceding  with  tbe  State  Board  of  Commissioners  of  Public 
Charities. 

§  14.  No  association  whose  objects  may  embrace  the  caring  for  dependent,  neg- 
lected or  delinquent  children  shall  hereafter  be  incorporated  unless  the  proposed 
articles  of  incorporation  shall  first  have  been  submitted  to  the  examination  of  the 
Board  of  State  Commissioners  of  Public  Charities,  and  the  Secretary  of  State  shall 
not  issue  a  certificate  of  incorporation  unless  there  shall  first  be  filed  in  his  office 
the  certificate  of  said  Board  of  State  Commissioners  of  Public  Charities  that  said 
board  has  examined  the  said  articles  of  incorporation  and  that,  in  its  judgment,  the 
incorporators  are  reputable  and  responsible  persons,  the  proposed  work  is  needed, 
and  the  incorporation  ef  such  association  is  desirable  and  for  the  public  good ; 
amendments  proposed  to  the  articles  of  incorporation  or  association  having  as  an 
object  the  care  and  disposal  of  dependent,  neglected  or  delinquent  children  shall  be 
suumitted  in  like  manner  to  the  Board  of  State  Commissioners  of  Public  Charities, 
and  the  Secretary  of  State  shall  not  record  such  amendment  or  issue  his  certificate 
therefor  unless  there  shall  be  filed  in  his  office  the  certificate  of  said  Board  of 
State  Commissioners  of  Public  Charities  that  they  have  examined  the  said  amend- 
ment, that  the  association  in  question  is,  in  their  judgment,  performing  in  good 
faith  the  work  undertaken  by  it,  and  that  the  said  amendment  is  in  their  judgment, 
a  proper  one  for  the  public  good. 

§  15.  It  shall  be  lawful  for  the  parents,  parent,  guardian  or  other  person  having 
the  right  to  dispose  of  a  dependent,  or  neglected  child  to  enter  into  an  agreement 
with  any  association  or  institution  incorporated  under  any  public  or  private  law  of 
this  state  for  the  purpose  of  aiding,  caring  for  or  placing  in  homes  such  children, 
and  being  approved  as  herein  provided,  for  the  surrender  of  such  child  to  such  asso- 
ciation or  institution,  to  be  taken  and  cared  for  by  such  association  or  institution 
or  put  into  a  family  home.  Such  agreement  may  contain  any  and  all  proper  stipula- 
tions to  that  end,  and)  may  authorize  the  association  or  institution,  by  its  attorney  or 
agent,  to  appear  in  any  proceedings  for  the  legal  adoption  of  such  child,  and 
consent  to  its  adoption,  and  the  order  of  the  court  made  upon  such  consent  shall 
be  binding  upon  the  child  and  its  parents  or  guardian  or  other  person  the  same  as 
if  such  parents  or  guardian  or  other  person  were  personally  in  court  and  con- 
senting thereto,  whether  made  party  to  the  proceeding  or  not. 

§  16.  No  association  which  is  incorporated  under  the  laws  of  any  other  state 
than  the  state  of  Illinois  shall  place  any  child  in  any  family  home  within  the 
boundaries  of  the  state  of  Illinois,  either  with  or  without  indenture,  or  for  adoption, 
unless  the  said  association  shall  have  furnished  the  Board  of  State  Commissioners 
of  Public  Charities  with  such  guarantee  as  they  may  require  that  no  child  shall  be 


REPORT  OF  THE  PROBATION  COMMISSION.  157 

brought  into  the  state  of  Illinois  by  such  society  or  its  agents  having  contagious 
or  incurable  disease,  or  having  any  deformity,  or  being  of  feeble  mind,  or  of 
vicious  character,  and  that  said  association  will  promptly  receive  and  remove  from 
the  state  any  child  brought  into  the  state  of  Illinois  by  its  agent  which  shall 
become  a  public  charge  within  a  period  of  five  years  after  being  brought  into 
this  state.  Any  person  who  shall  receive,  to  be  placed  in  a  home,  or  shall  place 
in  a  home,  any  child  in  behalf  of  any  association  incorporated  in  any  other  state 
than  the  state  of  Illinois  which  shall  not  have  complied  with  the  requirements  of 
this  act,  shall  be  imprisoned  in  the  county  jail  not  more  than  30  days,  or  fined  not 
less  than  $5  or  more  than  $100,  or  both,  in  the  discretion  of  the  court. 

§  17.  The  court  in  committing  children  shall  place  them  as  far  as  practicable  in 
the  care  and  custody  of  some  individual  holding  the  same  religious  belief  as  the 
parents  of  said  child,  or  with  some  association  which  is  controlled  by  persons  of 
like  religious  faith  of  the  parents  of  said  child. 

§  18.  The  county  judge  of  each  county  may  appoint  a  board  of  reputable  inhabi- 
tants, who  will  serve  without  compensation,  to  constitute  a  board  of  visitation  whose 
duty  it  shall  be  to  visit  as  often  as  once  a  year  all  institution^,  societies  and  asso- 
ciations receiving  children  under  this  act.  Said  visits  shall  be  made  by  not  less  than 
two  of  the  members  of  the  board,  who  shall  go  together  or  make  a  joint  report ; 
the  said  board  of  visitors  shall  report  to  the  court  from  time  to  time  the  condition  of 
children  received  by  or  in  the  charge  of  such  associations  and  institutions,  and 
shall  make  an  annual  report  to  the  Board  of  State  Commissioners  of  Public  Chari- 
ties in  such  form  as  the  board  may  prescribe.  The  county  board  may,  at  their 
discretion,  make  appropriations  for  the  payment  of  the  actual  and  necessary  expenses 
incurred  by  the  visitors  in  the  discharge  of  their  official  duties. 

§  19.  The  powers  and  duties  herein  provided  to  be  exercised  by  the  county  court 
or  the  judges  thereof  may,  in  counties  having  over  500,000  population,  be  exercised 
by  the  circuit  courts  and  their  judges  as  hereinbefore  provided  for. 

§  20.  Nothing  in  this  act  shall  be  construed  to  repeal  any  portion  of  the  act  to 
aid  industrial  schools  for  girls,  the  act  to  provide  for  and  aid  training  schools  for 
boys,  the  act  to  establish  the  Illinois  State  Reformatory  or  the  act  to  provide  for  a 
State  Home  for  Juvenile  Female  Offenders.  And  in  all  commitments  to  said  institu- 
tions the  acts  in  reference  to  said  institutions  shall  govern  the  same. 

§  21.  This  act  shall  be  liberally  construed,  to  the  end  that  its  purpose  may  be 
carried  out,  to  wit:  That  the  care,  custody  and  discipline  of  a  child  shall  approxi- 
mate as  nearly  as  may  be  that  which  should  be  given  by  its  parents,  and  in  all 
cases  where  it  can  properly  be  done  the  child  be  placed  in  an  improved  family  home 
and  become  a  member  of  the  family  by  legal  adoption  or  otherwise. 

Juvenile  Courts  and  Probation. 

Page  141,  May  11,  1905  :  amdg.  1899,  p.  131,  §  1,  7,  9,  10,  13,  and  adding  §  22. 

AN  ACT  to  amend  section  one  (1),  seven  (7),  nine  (9),  ten  (10)  and  thirteen  (13) 
of  an  act  entitled,  "An  act  to  regulate  the  treatment  and  control  of  dependent, 
neglected  and  delinquent  children,"  approved  April  21,  1899,  and  to  add  a  new 
section  to  said  act  to  be  known  as  section!  twenty-two  (22). 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of  Illinois,  represented  in 
General  Assembly:  That  sections  one  (1),  seven  (7),  nine  (9),  ten  (10)  and  thir- 
teen (13)  of  an  act  entitled,  "An  act  to  regulate  the  treatment  and  control  of 
dependent,  neglected  and  delinquent  children,"  approved  April  21,  1889,  (1899),  be 
amended  to  read  as  follows  : 

Section  1.  [Definition.]  This  act  shall  apply  only  to  children  under  the  age  of 
sixteen  (16)  years,  not  now  or  hereafter  inmates  of  a  state  institution,  or  any  train- 
ing school  for  boys  or  industrial  school  for  girls,  or  some  institution  incorporated 
under  the  laws  of  this  state,  except  as  provided  in  sections  twelve  (12)  and  eighteen 
(18).  For  the  purpose  of  this  act  the  words  "dependent  child"  and  "neglected 
child  "  shall  mean  any  child  who  for  any  reason  is  destitute  or  homeless  or  abandoned  ; 
or  dependent  upon  the  public  for  support;  or  has  not  proper  parental  care  or  guard- 
ianship ;  or  who  habitually  begs  or  receives  alms ;  or  who  is  found  living  in  any  house 
of  ill-fame  or  with  any  vicious  or  disreputable  persons,  or  whose  home,  by  reason 
of  neglect,  cruelty  or  depravity  on  the  part  of  its  parents,  guardian  or  other  person 


158  REPORT  OF  THE  PROBATION  COMMISSION. 

in  whose  care  it  may  be,  is  an  unfit  place  for  such  a  child;  and  any  child  under  the 
age  of  ten  (10)  years  who  is  found  begging,  peddling  or  selling  any  article,  or 
singing  or  playing  any  musical  instrument  upon  the  street,  or  giving  any  public 
entertainment,  or  who  accompanies  or  is  used  in  aid  of  any  person  so  doing.  The 
words  "delinquent  child"  shall  include  any  child  under  the  age  of  sixteen  (16) 
years  who  violates  any  law  of  this  state  or  any  city  or  village  ordinance ;  or  who 
is  incorrigible ;  or  who  knowingly  associates  with  thieves,  vicious  or  immoral 
persons ;  or  who  is  growing  up  in  idleness  or  crime ;  or  who  knowingly  frequents  a 
house  of  ill-fame ;  or  who  knowingly  patronizes  any  policy  shop  or  place  where  any 
gaming  device  is  or  shall  be  operated.  The  word  "  child  "  or  "  children  "  may  mean 
one  or  more  children,  and  the  word  "  parent  "  or  "  parents  "  may  be  held  to  mean 
one  or  both  parents,  when  consistent  with  the  intent  of  this  act.  The  word  "  asso- 
ciation "  shall  include  any  corporation  which  includes  in  its  purposes  the  care  or 
disposition  of  children  coming  within  th'e  meaning  of  this  act. 

§  7.  [Dependent  and  neglected  children.]  When  any  child  under  the  age  of  sixteen 
(16)  years  shall  be  found  to  be  dependent  or  neglected,  within  the  meaning  of  this 
act,  the  court  may  make  an  order  committing  the  child  to  the  care  of  some  suitable 
state  institution,  or  to  the  care  of  some  reputable  citizen  of  good  moral  character,  or 
the  care  of  some  training  school  or  an  industrial  school,  as  provided  by  law,  or  to 
the  care  of  some  association  willing  to  receive  it,  embracing  in  its  object  the  purpose 
of  caring  or  obtaining  homes  for  dependent  or  neglected  children,  which  association 
shall  have  been  accredited  as  hereinafter  provided.  The  court  may,  when  the  health 
or  condition  of  the  child  shall  require  it,  cause  the  child  to  be  placed  in  a  public 
hospital  or  institution]  for  treatment  or  special  care,  or  in  a  private  hospital  or  insti- 
tution which  will  receive  it  for  like  purposes  without  charge. 

§  9.  [Disposition  of  delinquent  children.]  In  the  case  of  a  delinquent  child  the 
court  may  continue  the  hearing  from  time  to  time,  and  may  commit  the  child  to  the 
care  or  custody  of  a  probation  officer,  and  may  allow  said  child  to  remain  in  its  own 
home,  subject  to  the  visitation  of  the  probation  officer ;  such  child  to  report  to  the 
probation  officer  as  often  as  may  be  required,  and  subject  to  be  returned  to  the  court 
for  further  or  other  proceedings  whenever' such  action  may  appear  to  be  necessary; 
or  the  court  may  cause  the  child  to  be  placed  in  a  suitable  family  home,  subject  to 
the  friendly  supervision  of  a  probation  officer  and  the  further  order  of  the  court ;  or 
it  may  authorize  the  child  to  be  boarded  out  in  some  suitable  family  home,  in  case 
provision  is  made  by  voluntary  contribution  or  otherwise  for  the  payment  of  the  board 
of  such  child,  until  a  suitable  provision  may  be  made  for  the  child  in  a  home  without 
such  payment ;  or  the  court  may  commit  the  child,  if  a  boy,  to  a  training  school  for 
boys,  or,  if  a  girl,  to  an  industrial  school  for  girls,  or  the  court  may  commit  the 
child  to  any  institution  within  the  county,  incorporated  under  the  laws  in  this  state 
that  may  care  for  delinquent  children,  or  be  provided  by  a  city  or  county  suitable 
for  the  care  of  such  children,  or  to  any  state  institution  which  may  be  established 
for  the  care  of  delinquent  boys;  or,  if  a  girl  over  the  age  of  ten  (10)  years  to  the 
for  the  care  of  such  children,  or  to  any  state  institution  which  may  be  established 
beyond  his  or  her  minority.  A  child  committed  to  such  institution  shall  be  subject 
to  the  control  of  the  board  of  managers  thereof,  and  the  said  board  shall  have  power 
to  parole  such  child  on  such  conditions  as  it  may  prescribe ;  and  the  court  shall,  on 
the  recommendation  -of  the  board,  have  power  to  discharge  such  child  from  custody 
whenever,  in  the  judgment  of  the  court,  his  or  her  reformation  is  complete  ;  or  the 
court  may  commit  the  child  to  the  care  and  custody  of  some  association  that  will 
receive  it,  embracing  in  its  objects  the  care  of  neglected  or  dependent  children, 
and  that  has  been  duly  accredited  as  hereinafter  provided. 

§  10.  [Transfer  from  justices  and  police  magistrates.]  When  in  any  county  where 
a  court  is  held,  as  provided  in  section  three  (3)  of  this  act,  a  child  under  the  age 
of  sixteen  (16)  years  is  arrested  with  or  without  warrant,  such  child  may,  instead 
of  being  taken  before  a  justice  of  the  peace,  or  police  magistrate,  be  taken  directly 
before  such  court ;  or,  if  the  child  is  taken  before  a  justice  of  the  peace,  or  police 
magistrate,  it  shall  be  the  duty  of  such  justice  of  the  peace,  or  police  magistrate, 
to  transfer  the  case  to  such  court,  and  the  officer  having  the  child  in  charge  to 
take  the  child  before  that  court,  and  in  any  case  the  court  may  proceed  to  hear 
and  dispose  of  the  case  in  the  same  manner  as  if  the  child  had  been  brought  before 
the  court  upon  petition,  as  herein  provided.  In  any  case  the  court  shall  require 
notice  to  be  given  and  investigation  to  be  made  as  in  other  cases  under  this  act,  and 
may  adjourn  the  hearing  from  time  to  time  for  the  purpose. 


•       KEPORT  OP  THE  PROBATION  COMMISSION.  159 

§  13.  [Supervision  of  state  commissioners  of  public  charities.]  All  associations 
receiving  children  under  this  act  shall  be  subject  to  the  same  visitation,  inspection 
and  supervision  by  the  Board  of  State  Commissioners  of  Public  Charities  as  are  the 
public  charitable  institutions  of  this  state,  and  it  shall  be  the  duty  of  the  said 
board  of  commissioners  to  pass  annually  upon  the  fitness  of  every  such  association 
as  may  receive,  or  desire  to  receive,  children  under  the  supervision  of  this  act,  and 
every  such  association  shall  annually,  at  such  time  as  said  board  shall  direct,  make 
report  thereto,  showing  its  condition,  management  and  competency  to  adequately 
care  for  such  children  as  are,  or  may  be,  committed  to  it,  and  such  tacts  as  said  board 
may  require,  and  upon  said  board  being  satisfied  that  such  association  is  competent 
and  has  adequate  facilities  to  care  for  such  children,  it  shall  issue  to  the  same  a 
certificate  to  that  effect,  which  certificate  shall  continue  in  force  for  one  (1)  year, 
unless  sooner  revoked  by  said  board,  and  no  child  shall  be  committed  to  any  such 
association  which  shall  not  have  received  such  a  certificate  within  fifteen  (15)  months 
next  preceding  the  commitment.  The  court  may,  at  any  time,  require  from  any 
association  receiving,  or  desiring  to  receive,  children  under  the  provisions  of  this 
act,  such  reports,  information  and  statements  as  the  judge  shall  deem  proper  or  neces- 
sary for  his  action,  and  the  court  shall  in  no  case  be  required  to  commit  a  child  to 
any  association  whose  standing,  conduct  or  care  of  children,  or  ability  to  care  for 
the  same,  is  not  satisfactory  to  the  court. 

Section  2.  There  shall  be  added  to  said  act  a  new  section,  to  be  known  as  section 
twenty-two  (22),  which  shall  read  as  follows: 

§  22.  In  any  case  in  which  the  court  shall  find  a  child  neglected,  dependent  or 
delinquent,  it  may,  in  the  same  or  a  subsequent  proceeding,  upon  the  parents  of  such 
child,  or  either  of  them,  being  duly  summoned  or  voluntarily  appearing,  proceed  to 
inquire  into  the  ability  of  such  parent  or  parents  to  support  the  child  or  contribute 
to  its  support,  and  if  the  court  shall  find  such  parent  or  parents  able  to  support  the 
child  or  contribute  thereto,  the  court  may  enter  such  order  or  decree  as  shall  be 
according  to  equity  in  the  premises,  and  may  enforce  the  same  by  execution,  or  in 
any  way  in  which  a  court  of  equity  may  enforce  its  orders  or  decrees. 

Payment  of  Probation  Officers. 

Page  151,  May  13,  1905  :   amdg.   1899,  p.   131,   §   6. 

AN  ACT  to  amend  section  6  of  an  act  entitled,  "An  act  to  regulate  the  treatment  and 
control  of  dependent,  neglected  and  delinquent  children  "  approved  April  21, 
1899,  in  force  July  ±,  8199. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented  in  the 
General  Assembly :  That  section  6  of  an  act  entitled,  "An  act  to  regulate  the  treat- 
ment and  control  of  dependent,  neglected  and  delinquent  children,"  approved  April  21, 
189£,  in  force  July  1,  1899,  be  and  the  same  is  hereby  amended  so  as  to  read  as 
follows  : 

§  6.  The  court  shall  have  authority  to  appoint  or  designate  one  or  more  discreet 
persons  of  good  character  to  serve  as  probation  officers  during  the  pleasure  of  the 
court ;  said  probation  officers  to  receive  no  compensation  from  the  public  treasury. 
In  case  a  probation  officer  shall  be  appointed  by  any  court  it  shall  be  the  duty  of  the 
clerk  of  the  court,  if  practicable,  to  notify  the  said  probation  officer  in  advance  when 
any  child  is  to  be  brought  before  the  court ;  it  shall  be  the  duty  of  the  said  probation 
officer  to  make  such  investigation  as  may  be  required  by  the  court ;  to  be  present  in 
court  in  order  to  represent  the  interest  of  the  child  when  the  case  is  heard  ;  to  furnish 
to  the  court  such  information  and  assistance  as  the  judge  may  require ;  and  to  take 
such  charge  of  any  child  before  and  after  trial,  as  may  be  directed  by  the  court : 
Provided,  however,  that  in  counties  having  over  five  hundred  thousand  population,  the 
judges  of  the  circuit  court,"  by  rule  to  be  entered  of  record,  shall  determine  a  number 
of  probation  officers  including  one  head  probation  officer,  to  be  employed  during  each 
year,  and  who  shall  be  paid  a  suitable  compensation  for  their  services.  The  head 
probation  officer  shall  have  charge  and  control  of  all  other  probation  officers,  subject 
to  the  direction  of  the  court.  The  judges  of  said  court  shall  notify  the  president  of 
the  board  of  county  commissioners  or  supervisors  of  said  county,  as  the  case  may  be, 
of  the  number  of  said  probation  officers  so  determined,  who  are  to  be  paid  as  herein 
provided,  and  said  probation  officers,  including  the  head  probation  officer,  as  afore- 
said, shall  be  appointed  in  the  same  manner  and  under  the  same  rules  and  regula- 
tions as  other  officers  or  employees  in  the  said  county  under  the  board  of  commis- 


160  REPORT  OP  THE  PROBATION  COMMISSION. 

sioners  or  supervisors  of  the  county,  as  the  case  may  be,  and  shall  be  paid  a  suitable 
compensation  by  the  county  for  their  services,  the  amount  thereof  to  be  determined 
by  such  board  of  commissioners  or  supervisors,  as  the  case  may  be.  Such  probation 
officers  shall  have  the  same  powers  and  perform  the  same  duties  as  other  probation 
officers  under  the  provisions  of  this  act.  Nothing  herein  contained,  however,  shall 
be  held  to  limit  or  abridge  the  power  of  the  judge  or  judges  so  designated  under 
section  three  of  this  act  to  hear  cases  coming  under  this  act,  to  appoint  persons  or 
probation  officers,  whom  said  judge  or  judges  may  see  fit,  and  who  shall  serve  without 
pay  for  such  services  as  probation  officer. 

Juvenile  Courts  and  Probation  System. 

Page   152,   May   16,   1905:   amdg.   1899,   p.   131,   §   1,    4,   5,    7,   9,   10,   as   amended  by 

1901,    p.    141. 

AN  ACT  to  amend  sections  1,  4,  5,  7,  9,  10  and  20  of  an  act  entitled  "An  act  to 
regulate  the  treatment  and  control  of  dependent,  neglected  and  delinquent  chil- 
dren," approved  April  21,  1899,  in  force  July  1,  1899,  and  as  amended  by  an  act 
approved  May  11,  1901,  and  in  full  force  July  1,,  1901. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented  in  the 
General  Assembly :  That  sections  1,  4,  5,  7,  9,  10  and  20  of  an  act  entitled  "An 
act  to  regulate  the  treatment  and  control  of  dependent,  neglected  and  delinquent 
children,"  as  amended  by  an  act  approved  May  11,  1901,  and  in  force  July  1,  1901, 
be  and  the  same  are  hereby  amended  so  as  to  read  as  follows : 

§  1.  This  act  shall  apply  to  male  children  under  the  age  of  seventeen  years  and 
to  female  children  under  the  age  of  eighteen  years,  not  now  or  hereafter  inmates 
of  a  state  institution  incorporated  under  the  laws  of  this  state,  except  as  provided  in 
sections  12  and  18  hereof.  For  the  purpose  of  this  act  the  words  "  dependent  child  " 
and  "  neglected  child  "  shall  mean  any  male  child  under  the  age  of  seventeen  years  or 
any  female  child  under  the  age  of  eighteen  years,  who  for  any  reason  is  destitute, 
homeless  or  abandoned ;  or  dependent  upon  the  public  for  support ;  or  has  not  the 
proper  parental  care  or  guardianship ;  or  who  habitually  begs  or  receives  alms ;  or 
who  is  found  living  in  any  house  of  ill-fame  or  with  any  vicious  or  disreputable 
person  ;  or  whose  home  by  reason  of  neglect,  cruelty  or  depravity,  on  the  part  of  its 
parents,  guardian  or  any  other  person  in  whose  care  it  may  be,  is  an  unfit  place  for 
such  a  child;  and  any  child  under  the  age  of  ten  (10)  years  who  is  found  begging, 
peddling  or  selling  any  article  or  singing  or  playing  any  musical  instrument  upon  the 
street  or  giving  any  public  entertainment  or  who  accompanies  or  is  used  in  aid  of 
any  persons  so  doing. 

The  words  "  delinquent  child  "  shall  include  any  male  child  under  the  age  of  seven- 
teen years  or  any  female  child  under  the  age  of  eighteen  years  who  violates  any  law 
of  this  state  or  any  city  or  village  ordinance ;  or  who  is  incorrigible ;  or  ^who 
knowingly  associates  with  thieves,  vicious  or  immoral  persons ;  or  who,  without  just 
cause  and  without  the  consent  of  its  parents  or  custodian,  absents  itself  from  its 
home  or  place  of  abode,  or  who  is  growing  up  in  idleness  or  crime  ;  or  who  knowingly 
frequents  a  house  of  ill-repute;  or  who  knowingly  frequents  any  policy  shop  or  place 
where  any  gaming  device  is  operated ;  or  who  frequents  any  saloon  or  dram-shop 
where  intoxicating  liquors  are  sold ;  or  who  patronizes  or  visits  any  public  pool  room 
or  bucket  shop  ;  or  who  wanders  about  the  streets  in  the  night  time  without  being  on 
any  lawful  business  or  occupation ;  or  who  habitually  wanders  about  any  railroad 
yards  or  tracks  or  jumps  or  attempts  to  jump  on  to  any  moving  train ;  or  enters 
any  car  or  engine  without  lawful  authority ;  or  who  habitually  uses  vile,  obscene, 
vulgar,  profane  or  indecent  language ;  or  who  is  guilty  of  immoral  conduct  in  any 
public  place  or  about  any  school  house.  Any  child  committing  any  of  the  acts 
herein  mentioned  shall  be  deemed  a  delinquent  child  and  shall  be  proceeded  against 
as  such  in  the  manner  hereinafter  provided.  A  disposition  of  any  child  under  this 
act  or  any  evidence  given  in  such  cause,  shall  not  in  any  civil,  criminal  or  other 
cause  or  proceeding  wherever  in  any  court  be  lawful  or  proper  evidence  against  such 
child  for  any  purpose  whatever,  except  in  subsequent  cases  against  the  same  child 
under  this  act.  The  word  "  child  "  or  "  children  "  may  be  held  to  mean  one  or  more 
children,  and  the  word  "  parent  "  or  "  parents  "  may  be  held  to  mean  one  or  both 
parents,  when  consistent  with  the  intent  of  this  act.  The  word  "  association  "  shall 
include  any  corporation  which  includes  in  its  purposes  the  care  or  disposition  of 
children  coming  within  the  meaning  of  this  act. 


KEPORT  OF  THE  PROBATION  COMMISSION.  161 

§  4.  [Petition  to  the  court.]  Any  reputable  person  being  a  resident  of  the  county, 
having  knowledge  of  a  child  in  his  county  who  appears  to  be  either  neglected, 
dependent  or  delinquent,  may  file  with  the  clerk  of  a  court  having  jurisdiction  of  the 
matter,  a  petition  in  writing,  setting  forth  the  facts  verified  by  affidavit.  The  petition 
shall  set  forth  the  name  and  residence  of  each  parent,  if  known,  and  if  both  are  dead 
or  the  residents  (residence)  unknown,  then  the  name  and  residence  of  the  legal 
guardian,  if  known,  or  if  not  known,  then  the  name  and  residence  of  some  near 
relative  if  there  be  one  and  his  residence  known.  It  shall  be  sufficient  that  the  affi- 
davit is  upon  information  and  belief. 

§  5.  [Summons.]  Upon  the  filing  of  the  petition,  a  summon  (summons)  shall  issue 
requiring  the  person  having  custody  or  control  of  the  child  or  with  whom  the  child 
may  be,  to  appear  with  the  child  at  a  place  and  time  stated  In  the  summons,  which 
time  and  place  shall  not  be  less  than  twenty-four  hours  after  service.  The  parents 
of  the  child,  if  living  and  their  residence  is  known  to  the  petitioner,  or  its  legal 
guardian,  if  one  there  be,  and  his  residence  is  known  to  the  petitioner,  or,  if  there 
is  neither  parent  or  guardian,  or  if  his  or  her  residence  be  not  so  known,  then  some 
near  relative,  if  his  residence  be  known  to  the  petitioner,  shall  be  notified  of  the 
proceedings,  and  in  any  case  the  judge  may  appoint  some  suitable  person  to  act  in 
behalf  of  the  child.  Summons  and  notice  may  be  served  by  the  sheriff  or  by  any 
duly  appointed  probation  officer,  either  by  reading  the  same  to  the  person  or 
persons  to  be  served  or  by  delivering  a  copy  thereof  to  such  person  or  per- 
sons or  by  leaving  a  copy  thereof  at  his  usual  place  of  abode,  if  stated  in  the 
petition  or  known,  with  some  person  of  his  family  of  the  age  of  ten  years 
or  upwards  and  informing  such  person  of  the  contents  thereof.  The  return 
of  such  summons  and  notice  with  endorsement  of  service  by  the  sheriff  or 
probation  officer  in  accordance  herewith  shall  be  sufficient  proof  thereof.  If  the 
person  summoned  as  herein  provided  shall  fail  without  reasonable  cause  to  appear 
and  abide  the  order  of  the  court  or  bring  the  child,  he  may  be  proceeded  against  as 
in  the  case  of  contempt  of  court.  In  case  the  summons  cannot  be  served  or  the  party 
fails  to  obey  the  same,  and  in  any  case  when  it  shall  be  made  to  appear  to  the  court 
that  such  summons  will  be  ineffectual,  a  warrant  may  issue  on  the  order  of  the  court 
either  against  the  parent  or  guardian  or  the  person  having  the  custody  of  the  child 
or  with  whom  the  child  may  be  or  against  the  child  itself.  On  return  of  the  sum- 
mons or  other  process  or  the  appearance  of  the  child  with  or  without  sum- 
mons or  other  process  in  person  before  the  court  and  on  return  of  the  service  of  notice, 
if  there  be  any  person  to  be  notified,  or  the  personal  appearance  or  written  consent  to 
the  proceedings  of  the  person  or  persons,  if  any,  to  be  notified,  or  as  soon  there- 
after as  may  be,  the  court  shall  proceed  to  hear  and  dispose  of  the  case  in  a  sum- 
mary manner.  Pending  the  final  disposition  of  the  case  the  court  may  order  the 
child  to  be  retained  in  the  possession  of  the  person  having  charge  of  the  same  or  any 
other  person,  or  to  be  kept  in  some  suitable  place  provided  by  the  city  or  county 
authorities. 

§  7.  [Dependent  and  neglected  children.]  When  any  male  child  under  the  age 
of  seventeen  years,  or  any  female  child  under  the  age  of  eighteen  years  shall  be 
found  to  be  dependent  or  neglected  within  the  meaning  of  this  act,  the  court  may 
make  an  order  committing  the  child  to  the  care  of  some  suitable  state  institution 
or  to  the  care  of  some  reputable  citizen  of  good  moral  character,  or  to  the  care  of 
some  training  school  or  industrial  school,  as  provided  by  law,  or  to  the  care  of  some 
association  willing  to  receive  it,  embracing  in  its  objects  the  purpose  of  caring  for 
or  obtaining  homes  for  neglected  or  dependent  children,  which  association  shall  have 
been  accredited  as  hereinafter  provided.  The  court  may  when  the  health  or  condition 
of  the  child  requires  it,  cause  the  child  to  be  placed  in  a  public  hospital  or  institution 
for  treatment  or  special  care  or  in  a  private  hospital  or  institution  which  will  receive 
it  for  like  purpose  without  charge. 

§  9.  [Disposition  of  delinquent  children.]  In  the  case  of  a  delinquent  child  the 
court  may  continue  the  hearing  from  time  to  time,  and  may  commit  the  child  to  the 
care  or  custody  of  a  probation  officer,  or  any  other  person,  or  may  allow  said  child 
to  remain  in  its  own  home,  subject  to  the  visitation  of  the  probation  officer,  such 
child  to  report  to  the  probation  officer  as  often  as  may  be  required ;  or  the  court 
may  cause  the  child  to  be  placed  in  a  suitable  family  home,  subject  to  the  friendly 
supervision  of  a  probation  officer  and  the  further  order  of  the  court ;  or  it  may 
authorize  the  child  to  be  boarded  out  in  some  suitable  family  home,  in  such  case 

11 


162  REPORT  OP  THE  PROBATION  COMMISSION. 

provision  is  made  by  voluntary  contribution  or  otherwise  for  the  payment  of  the 
board  of  such  child  until  a  suitable  provision  may  be  made  for  the  child  in  a  home 
without  such  payment ;  or  the  court  may  commit  such  child,  if  a  boy,  to  a  training 
school  for  boys,  or  if  a  girl,  to  an  industrial  school  for  girls,  or  the  court  may 
commit  the  child  to  an  institution  in  the  county  incorporated  under  the  laws  of  this 
state  that  may  care  for  delinquent  children  or  that  may  be  provided  by  a  city  or 
county  suitable  for  the  care  of  such  children  or  to  any  state  institution  which  may  be 
established  for  the  care  of  delinquent  boys,  or,  if  a  girl  over  the  age  of  ten  years, 
to  the  State  Home  for  Female  Juvenile  Offenders,  or  the  court  may  commit  the  child 
to  the  care  and  custody  of  some  association  that  will  receive  it,  embracing  in  its 
object  the  care  of  neglected  or  dependent  children  and  that  has  been  duly  accredited 
as  hereinafter  provided.  In  no  case  shall  a  child  be  committed  to  an  institution  be- 
yond the  age  of  twenty-one  years.  A  child  committed  to  such  an  institution  shall  be 
subject  to  the  control  of  the  board  of  managers  thereof  and  the  said  board  shall  have 
power  to  parole  said  child  on  such  conditions  as  it  may  prescribe.  Every  child  who 
shall  have  been  adjudged  delinquent  whether  allowed  to  remain  at  home  or  placed 
in  a  home  or  committed  to  an  institution  shall  continue  to  be  a  ward  of  this  court 
until  such  child  shall  have  been  discharged  as  such  ward  by  order  of  court  or 
shall  have  reached  the  age  of  twenty-one  years,  and  such  court  may  during  the 
period  of  wardship  cause  such  child  to  be  returned  to  the  court  for  further  or  other 
proceedings,  including  parole  or  release  from  an  institution :  Provided,  however, 
that  notice  of  all  applications  to  the  court  for  such  parole  or  release  shall  be  given 
to  the  superintendent  of  such  institution  at  least  ten  days  before  the  time  set  for  the 
hearing  thereof,  or  the  consent  in  writing  of  such  superintendent  to  such  parole  or 
release  shall  be  filed.  The  court  may,  however,  in  its  discretion  cause  such  child 
to  be  proceeded  against  in  accordance  with  the  laws  that  may  be  in  force  governing 
the  commission  of  crime. 

§  10.  [Transfer  from  justice  and  police  magistrates.]  When  in  any  county  where  a 
court  is  held  as  provided  in  section  3  of  this  act,  a  male  child  under  the  age  of 
seventeen  years  or  a  female  child  under  the*  age  of  eighteen  years  is  arrested  with  or 
without  warrant  such  child  may,  instead  of  being  taken  before  a  justice  of  the  peace 
cr  police  magistrate,  be  taken  directly  before  such  court ;  or  if  the  child  is  taken  be- 
fore a  justice  of  the  peace  or  police  magistrate,  it  shall  be  the  duty  of  such  justice 
of  the  peace  or  police  magistrate  to  transfer  the  case  to  such  court,  and  the  officer 
having  the  child  in  charge  to  take  the  child  before  such  court,  and,  on  any  case 
the  court  may  proceed  to  hear  and  dispose  of  the  case  in  the  same  manner  as  if  the 
child  had  been  brought  before  the  court  upon  petition  as  herein  provided.  In  any 
case,  the  court  shall  require  notice  to  be  given  and  investigation  to  be  made  as  in 
other  cases  under  mis  act,  and  may  adjourn  the  hearing  from  time  to  time  for  that 
purpose. 

§  20.  Nothing  in  this  act  shall  be  construed  to  repeal  any  portion  of  the  act  to  aid 
industrial  school  for  girls,  the  act  to  provide  for  and  aid  training  school  for  boys,  the 
act  to  establish  the  Illinois  State  Reformatory,  or  the  act  to  provide  for  a  State 
Home  for  Juvenile  Female  Offenders,  and  in  all  commitments  to  said  institutions,  the 
acts  in  reference  to  said  institutions  may  govern  the  same,  except  that  in  commitments 
to  the  State  Home  for  Juvenile  Female  Offenders  at  Geneva,  Illinois,  either  this  act 
or  the  acts  in  reference  to  said  institution  shall  govern  the  same  and  in  all  proceed- 
ings and  papers,  said  institution  may  be  designated  as  a  "  State  Training  School  for 
Girls,"  and  such  designation  shall  be  taken  and  held  to  have  the  same  legal  effect 
as  if  the  name  "  State  Home  for  Juvenile  Female  Offenders  "  were  used  therein. 

Adult  Delinquency. 
Page  189,  May  13,   1905. 

AN  ACT  to  provide  for  the  punishment  of  persons  responsible  for,  or  directly  pro- 
moting or  contributing  to,  the  conditions  that  render  a  child  dependent,  neg- 
lected or  delinquent,  and  to  provide  for  suspension  of  sentence  and  release  on 
probation  in  such  cases. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented  in  the 
General  Assembly  :  Any  parent  or  parents,  or  legal  guardian,  or  person  having  the 
custody  of  any  dependent,  neglected  or  delinquent  child,  as  defined  by  the  statutes  of 


REPORT  OF  THE  PROBATION  COMMISSION.  163 

this  state,  or  any  other  person  who  shall  knowingly  or  wilfully  encourage,  aid,  cause, 
abet  or  connive  at  such  state  of  dependency,  neglect  or  delinquency,  or  shall  know- 
ingly or  wilfully  do  any  act  or  acts  that  directly  produce,  promote  or  contribute  to 
the  conditions  which  render  such  child  a  dependent,  neglected  or  delinquent  child  as 
so  defined,  or  who,  having  the  custody  of  such  child,  shall,  when  able  to  do  so,  wilfully 
neglect  to  do  that  which  will  directly  tend  to  prevent  such  state  of  dependency,  neglect 
or  delinquency,  or  to  remove  the  conditions  which  render  such  child  either  a  neglected, 
dependent  or  delinquent  child,  as  aforesaid,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  shall  be  punished  by  a  fine  of  not  more  than  two  hundred 
dollars,  or  by  imprisonment  in  the  .county  jail,  house  of  correction,  or  work- 
house, for  more  than  twelve  months,  or  both  by  such  fine  and  imprisonment: 
Provided,  that  instead  of  imposing  the  punishment  hereinbefore  provided,  the 
court  shall  have  the  power  to  enter  an  order  suspending  sentence  and  releasing 
the  defendant  from  custody,  on  probation,  for  the  space  of  one  year,  upon  his 
or  her  entering  into  a  recognizance,  with  or  without  sureties,  in  such  sums  as  the 
court  may  direct.  The  condition  of  the  recognizance  shall  be  such  that  if  the  defendant 
shall  make  his  or  her  personal  appearance  in  court  whenever  ordered  to  do  so  within 
a  year,  and  shall  provide  and  care  for  such  dependent,  neglected  or  delinquent  child 
in  such  manner  as  to  prevent  a  continuance  or  repetition  of  such  state  of  dependency, 
neglect  or  delinquency,  or  as  otherwise  may  be  directed  by  the  court,  and  shall 
further  comply  with  the  terms  of  such  order,  then  the  recognizance  shall  be  void, 
otherwise  in  full  force  and  effect.  If  the  court  be  satisfied  by  information  and  due 
proof  under  oath,  that  at  any  time  during  the  year  the  defendant  has  violated  the 
terms  of  such  order,  it  may  forthwith  revoke  such  order  and  sentence  him  or  her 
under  the  original  conviction.  Unless  so  sentenced,  the  defendant  shall,  at  the  end  of 
such  year,  be  discharged  and  such  conviction  shall  become  void. 


INDIANA. 
Juvenile  Courts  and  Probation  System. 

Chapter  237,   March  10,   1903. 

AN  ACT  providing  for  a  Juvenile  Court,  providing  for  the  appointment  of  probation 
officers,  outlining  their  duties  and  specifying  their  compensation ;  providing  a 
lawful  method  of  procedure  against  juvenile  delinquents,  specifying  places  for 
their  temporary  and  permanent  detention,  and  the  compensation  for  their  care; 
providing  for  time  and  place  of  trial ;  providing  that  no  destitute  girl  shall  be 
sent  to  the  Industrial  School  for  Girls ;  providing  for  the  approval  of  the  Board 
of  State  Charities  in  certain  contingencies ;  repealing  laws  inconsistent  herewith 
and  declaring  an  emergency. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of  Indiana,  That 
in  every  county  of  this  state  containing  a  city  with  a  population  of  one  hundred 
thousand  inhabitants,  according  to  the  last  preceding  United  States  census,  there  shall 
be  created  a  special  court,  to  be  known  as  the  Juvenile  Court,  which  shall  have 
jurisdiction  in  all  cases  relating  to  children,  including  juvenile  delinquents,  truants, 
children  petitioned  for  by  boards  of  children's  guardians,  and  all  other  cases  where 
the  custody  or  legal  punishment  of  children  is  in  question,  but  said  court  shall 
not  have  probate  jurisdiction.  The  judge  of  said  court  shall  be  known  as  the  Judge 
of  the  Juvenile  Court  and  shall  be  elected  by  the  qualified  voters  of  said  county  at 
the  time  of  the  general  election  of  state  officers,  shall  hold  his  office  for  a  term 
of  four  years,  or  until  his  successor  is  elected,  shall  be  removed  from  office  in  the 
same  manner  as  the  judge  of  the  Circuit  Court  is  removed,  shall  receive  a  salary  of 
$2,500  per  year,  payable  by  the  county  wherein  situated,  and  to  be  eligible  for  the 
office  shall  be  a  citizen  of  and  a  legal  voter  of  the  state  and  a  parent,  and  not  less 
than  forty  years  of  age.  Pending  the  next  general  election  after  the  taking  effect  of 
this  act,  the  Governor  of  the  state  shall  appoint  a  suitable  person  to  be  judge  of 
the  Juvenile  Court,  who  shall  serve  till  his  successor  shall  be  elected.  The  clerk  of 
the  Circuit  Court  shall  be  the  clerk  of  the  Juvenile  Court  and  shall  keep  a  record 
of  the  proceedings  in  a  book  to  be  known  as  the  Juvenile  Record.  Corresponding 
appropriations  for  the  support  of  the  Juvenile  Court  as  are  made  for  the  Circuit  Court 


164  REPORT  OF  THE  PROBATION  COMMISSION. 

shall  be  made  by  the  County  Council.  A  room  shall  be  set  apart  in  the  court  house 
for  the  use  of  said  Juvenile  Court  and  shall  be  known  as  the  Juvenile  Court  room : 
Provided,  That  in  those  counties  that  do  not  contain  a  city  with  100,000  inhabitants, 
the  judge  of  the  Circuit  Court  shall  be  the  judge  of  the  Juvenile  Court :  Provided, 
That  no  child  need  be  tried  in  the  Juvenile  Court  on  a  charge  of  truancy  except  he 
be  a  resident  of  a  city  containing  one  hundred  thousand  (100,000)  inhabitants. 

§  2.  In  every  county  of  this  state  having  a  population  of  fifty  thousand  (50,000) 
or  above,  according  to  the  last  preceding  United  States  census,  there  shall  be 
appointed  by  the  judge  of  the  Circuit  Court  having  jurisdiction,  one  discreet  person 
of  good  moral  character,  who  shall  be  known  as  probation  officer,  and  shall  serve 
during  the  pleasure  of  the  court  and  shall  receive  for  his  or  her  services  the  sum 
of  three  ($3)  dollars  per  day  for  each  day  or  part  of  a  day  he  may  be  actually  on  duty. 
Said  sum  to  cover  salary  and  necessary  official  expenses,  and  to  be  paid  by  the  County 
Treasurer  out  of  any  funds  appropriated  for  the  use  of  the  Judge  of  the  Circuit 
Court  upon  itemized  vouchers  sworn  to  by  said  officer  and  certified  to  by  the  judge 
of  the  Circuit  Court :  Provided,  That  said  judge  of  the  Circuit  Court,  if  in  his 
opinion  the  circumstances  require,  may  appoint  a  second  person  to  serve  as  probation 
officer,  who  shall  receive  the  same  compensation  as  is  abbVe  indicated  :  And,  provided, 
That  said  judge  of  the  Circuit  Court  may  appoint  as  probation  officers  such  other 
discreet  persons  of  good  moral  character  as  are  willing  to  serve  without  compensation 
from  the  court :  And,  provided,  That  in  counties  having  a  population  of  less  than 
fifty  thousand  (50,000)  the  circuit  judge  having  jurisdiction  may  appoint  one 
discreet  person  of  good  moral  character  as  probation  officer,  who  shall  be  compensated 
as  above  indicated,  and  may  appoint  such  other  discreet  persons  of  good  moral 
character  as  probation  officers  who  are  willing  to  serve  without  compensation  from 
the  court :  Provided,  That  in  counties  where  a  special  Juvenile  Court  is  established 
under  section  one  of  this  act,  the  probation  officer  or  officers  shall  be  appointed  by 
the  judge  of  the  Juvenile  Court  and  serve  at  his  pleasure  and  be  paid  on  his  order. 
It  shall  be  the  duty  of  the  clerk  of  the  Circuit  Court  immediately  on  the  appointment 
of  a  probation  officer  to  notify  all  courts  and  magistrates  of  any  county  in  which 
said  officer  is  appointed,  giving  them  the  name  and  postoffice  address  of  such  officer. 
The  duties  of  said  probation  officer  or  officers  shall  be  such  as  are  hereinafter 
described. 

§  3.  Whenever  a  complaint  is  made  or  pending  against  any  boy  under  the  age  of 
sixteen  years  and  up  to  his  seventeenth  birthday,  or  any  girl  under  the  age  of 
seventeen  years  and  up  to  her  eighteenth  birthday,  for  the  commission  of  any  offense 
not  punishable  by  law  with  imprisonment  for  life,  or  for  which  the  penalty  is 
death,  before  any  court  or  magistrate  having  competent  jurisdiction  thereof,  it  shall 
be  the  duty  of  such  court  or  magistrate  at  once  and  before  any  other  proceedings  are  had 
in  the  case,  to  give  notice  in  writing  of  the  pendency  of  said  cause  to  the  probation 
officer  for  his  county,  who  shall  have  opportunity  allowed  him  to  investigate  the 
charge  or  charges,  and  upon  receiving  such  notices  the  probation  officer  shall 
immediately  proceed  to  inquire  into  and  make  a  full  examination  of  the  parentage 
and  surroundings  of  the  child,  and  of  all  the  facts  and  circumstances  of  the  case, 
and  report  the  same  in  writing  to  the  court  or  magistrate,  who  shall  advise  and 
counsel  with  the  said  probation  officer;  and  if  upon  such  investigation  and  con- 
sultation it  shall  appear  to  the  court  or  magistrate  before  whom  the  complaint  is 
made  that  said  child  is  guilty  as  charged,  he  shall  immediately  certify  the  case  to 
the  Juvenile  Court  and  transmit  therewith  all  papers  relating  thereto,  and,  if  upon 
due  hearing  of  such  cause  it  shall  appear  to  the  judge  of  the  Juvenile  Court  that 
the  public  interest  and  the  interest  of  the  child  will  be  best  subserved  thereby, 
he  may  make  an  order  for  the  return  of  such  child  to  his  or  her  parents,  guardians 
or  friends  ;  or  he  may  authorize  such  probation  officer  to  take  such  child  and  place 
him  in  the  family  of  some  suitable  person,  to  remain  until  he  or  she  shall  have 
attained  the  age  of  twenty-one  years,  or  for  any  less  time,  or  place  him  in  the 
care  of  the  County  Orphans'  Home,  or  some  institution  managed  by  an  incorporated 
association,  or  an  individual,  and  devoted  to  the  care  of  such  children  ;  said  institu- 
tion to  be  situated  in  the  state  of  Indiana,  and  to  be  inspected  at  least  once  a  year 
and  approved  by  the  Board  of  State  Charities,  and  to  receive  for  its  services 
a  per  diem  of  twenty-five  cents  for  each  day  said  child  may  be  in  its  custody ;  said 
per  diem  to  be  paid  by  the  county  sending  the  child,  upon  itemized  vouchers  certified 


KEPORT  OF  THE  PROBATION  COMMISSION.  165 

to  by  the  probation  officer,  or  the  court  may  impose  a  fine  or  suspend  sentence  for 
a  definite  or  indefinite  period ;  or,  if  the  child  is  found  guilty  of  the  offense  charged, 
and  appears  to  be  wilfully  wayward  and  unmanageable,  the  court  may  cause  him 
or  her  to  be  sent  to  the  Reform  School  for  Boys  (Indiana  Boys'  School),  the 
Industrial  School  for  Girls,  or  to  any  State  penal  or  reformatory  institution 
authorized  by  law  to  receive  such  boy  or  girl,  subject  to  such  conditions  as  are 
already  provided  by  law  for  the  reception  of  children  in  said  schools  or  institutions ; 
and  in  such  cases  the  report  of  the  probation  officer  shall  be  attached  to  the  com- 
mitment and  the  child  shall  be  placed  in  charge  of  the  probation  officer,  or  some 
person  designated  by  him,  to  be  conveyed  under  his  direction  to  the  institution : 
Provided,  That  a  woman  shall  always  be  sent  with  the  girls  so  committed,  for  which 
services  the  same  fees  and  expenses  shall  be  allowed  as  are  paid  sheriffs  in  like 
cases  :  And,  provided,  That  the  court  may,  when  the  health  or  condition  of  the  child 
shall  require  it,  cause  the  child  to  be  placed  in  a  public  hospital  or  institution  for 
treatment  or  special  care,  or  in  a  private  hospital  or  institution,  which  will  receive 
it  for  like  purposes  without  charge  :  And,  provided,  That  from  and  after  the  taking 
effect  of  this  act,  no  girl  under  the  age  of  fifteen  years  shall  be  committed  by  any 
court  to  the  Industrial  School  for  Girls  on  complaint  and  due  proof  thereof  by  the 
township  trustee  of  the  township  where  such  infant  resides,  that  such  infant  is 
destitute  of  a  suitable  home  and  adequate  means  of  obtaining  an  honest  living,  or 
that  she  is  in  danger  of  being  brought  up  to  lead  an  idle  or  immoral  life  :  Provided, 
That  when  any  child  contemplated  by  this  act  shall  be  sentenced  to  confinement  in 
any  institution  to  which  adult  convicts  are  sentenced,  it  shall  be  unlawful  to  confine 
such  child  in  the  same  building  with  such  adult  convicts,  or  to  confine  such  child 
in  the  same  yard  or  enclosure  with  such  adult  convicts,  or  to  bring  such  child  into 
any  yard  or  building  in  which  adult  convicts  may  be  present :  And  provided,  That  in 
every  trial  of  any  such  child  he  shall  be  entitled  to  a  trial  by  a  jury  of  twelve  persons 
if  he  shall  so  elect :  And  provided,  That  if  any  such  boy  or  girl  against  whom  a 
complaint  is  made  is  unable  to  give  bond  and  the  magistrate  does  not  release  him 
or  her  on  his  or  her  own  cognizance,  then  said  boy  or  girl  shall  be  entitled  to  an 
immediate  hearing  and  trial  in  the  juvenile  court  according  to  law. 

§  4.  All  trials  of  such  children  as  are  affected  by  this  act,  shall  be  held  in 
chambers  or  in  the  juvenile  court  room.  The  judge  of  such  court  shall  designate  a 
certain  time  for  the  trials  of  such  cases,  and  is  hereby  empowered  to  exclude  from 
the  court  room  at  such  trials  any  and  all  persons  that  in  his  opinion  are  not 
necessary  for  the  trial  of  the  case.  The  probation  officer  shall  be  present  at  every 
trial  in  the  interest  of  the  child  on  trial. 

§  5.  The  judge  of  the  circuit  court,  in  counties  where  a  superior  court  is  estab- 
lished, shall  have  authority,  if  necessary,  to  enable  such  judge  better  to  discharge 
his  duties  as  judge  of  the  juvenile  court,  to  transfer  to  such  superior  court  causes 
pending  in  such  circuit  court  of  which  such  superior  court  has  concurrent  juris- 
diction. 

§  6.  Said  probation  officer  shall  report  his  disposition  of  any  child  placed  in  his 
charge  to  the  judge  of  the  juvenile  court,  also  to  the  Board  of  State  Charities. 
Unless  excused  by  the  court,  he  shall  visit  every  <*ild  placed  in  his  charge  twice  a 
year  at  least,  and  as  much  oftener  as  may  seem  to  the  court  to  be  necessary, 
and  he  shall  make  a  report  of  each  visit  to  a  child  to  the  court  and  to  the  Board 
of  State  Charities,  which  report  shall  set  forth  the  conditions  surrounding  the  child 
at  the  time  of  the  visit. 

§  7.  No  court  or  magistrate  or  peace  officer  shall  place  a  child  under  the  age 
of  fourteen  years  in  any  jail  or  police  station  or  lock-up  pending  trial,  but  if  such 
child  is  unable  to  give  bail,  it  may  be  placed  in  the  T?are  of  the  sheriff,  police 
matron  or  probation  officer,  who  shall  keep  such  child  in  some  suitable  place,  pro- 
vided by  the  county,  pending  the  final  disposition  of  its  case ;  said  county  shall  have 
the  power  to  contract  for  their  care  with  any  association  or  individual  possessing 
facilities  for  safe  keeping  and  proper  care  of  such  children,  situated  within  the  state 
of  Indiana :  Provided,  That  such  facilities  and  care  shall  have  the  approval  of  the 
Board  of  State  Charities,  and  that  a  per  diem  not  to  exceed  that  allowed  by  law  to 
the  board  of  children's  guardians  shall  be  the  compensation  to  such  association  or 
individual  for  such  care  of  any  child  placed  in  charge :  And  provided,  That  the 
actual  expenses  of  the  transfer  of  a  child  to  and  from  such  place  of  care  shall  be 
paid  by  the  county  on  itemized  vouchers,  in  accordance  with  law,  and  in  all  pre- 


166  REPORT  OF  THE  PROBATION  COMMISSION. 

liminary  proceedings  against  the  child,  said  child  shall  not  appear  in  person  before 
the  court  or  magistrate,  but  shall  be  represented  there  by  the  probation  officer : 
Provided,  That  when  a  complaint  is  made  by  a  board  of  children's  guardians  in 
the  case  of  a  neglected  or  ill-treated  child,  the  circuit  judge  may  place  said  child  in 
the  care  of  the  probation  officer  pending  final  hearing,  in  which  case  the  duties  of 
such  probation  officer  shall  be  the  same  as  pertain  to  the  children  contemplated 
by  this  act :  And  provided,  That  in  any  county  where  no  probation  officer  shall  have 
been  appointed,  the  truant  officer  of  that  county  designated  by  the  judge  of  the 
Circuit  Court  shall  act  as  probation  officer,  and  receive  the  same  compensation  specified 
in  section  two  for  such  services  as  he  may  render  as  probation  officer. 

§  8.  All  associations  or  individuals  maintaining  institutions  and  receiving  children 
under  this  act  shall  be  subject  to  the  same  visitation,  inspection  and  supervision  by 
the  Board  of  State  Charities  as  are  th«  public  charitable  and  penal  institutions  of 
this  state,  and  it  shall  be  the  duty  of  said  Board  of  State  Charities  to  pass  annually 
upon  the  fitness  of  every  such  association  or  individual  as  may  receive,  or  desire  to 
receive,  children  under  the  provisions  of  this  act,  and  "every  such  association  or 
individual  shall  annually,  at  such  time  as  said  board  shall  direct,  make  report 
thereto,  showing  its  condition,  management  and  competency  to  adequately  care  for 
such  children  as  are,  or  may  be,  committed  to  it,  and  such  other  facts  as  said  board 
may  require,  and  upon  said  board  being  satisfied  that  such  association  or  individual 
is  competent  and  has  adequate  facilities  to  care  for  such  children,  it  shall  issue  to  the 
same  a  certificate  to  that  effect,  which  certificate  shall  continue  in  force  for  one 
year,  unless  sooner  revoked  by  said  board,  and  no  child  shall  be  committed  to  any 
such  association  or  individual  which  shall  not  have  received  such  certificate  within 
fifteen  months  next  preceding  the  commitment.  The  court  may,  at  any  time,  require 
from  any  such  association  or  individual  receiving  or  desiring  to  receive  children 
under  the  provisions  of  this  act  such  reports,  information  and  statements  as  the 
Judge  shall  deem  proper  or  necessary  for  his  action,  and  the  court  shall  in  no  case 
be  required  to  commit  a  child  to  any  association  or  individual  whose  standing, 
conduct  or  care  of  children  or  ability  to  care  for  the  same  is  not  satisfactory  to 
the  court :  Provided,  That  all  institutions  in  this  state  devoted  to  the  care  of 
dependent,  neglected  and  orphan  children,  whether  supported  in  whole  or  in  part 
by  public  funds,  or  receiving  no  public  aid,  shall  be  visited  and  inspected  by  said 
Board  of  State  Charities. 

§  9.  No  association  whose  objects  may  embrace  the  caring  for  dependent,  neglected 
or  delinquent  children  shall  hereafter  be  incorporated  in  this  state  unless  the  pro- 
posed articles  of  incorporation  shall  first  have  been  submitted  to  the  Board  of 
State  Charities,  and  the  Secretary  of  State  shall  not  issue  a  certificate  of 
Incorporation  unless  there  shall  be  first  filed  in  his  office  the  certificate  of  said 
Board  of  State  Charities  that  said  board  has  examined  the  said  articles  of  incor- 
poration and  that  in  the  judgment  of  said  board  the  incorporators  are  reputable 
persons,  that  the  proposed  work  is  needed,  and  the  incorporation  of  such  association 
is  desirable  and  for  the  public  good ;  amendments  proposed  to  the  articles  of  incor- 
poration or  association  having  as  its  object  the  care  and  disposal  of  dependent, 
neglected  or  delinquent  children  shall  be  submitted  in  like  manner  to  the  Board 
of  State  Charities,  and  the  Secretary  of  State  shall  not  record  such  amendment  or 
issue  his  certificate  therefor  unless  there  shall  first  be  filed  in  his  office  a  certificate 
of  the  Board  of  State  Charities  that  they  have  examined  the  said  amendment,  that 
the  association  is  in  their  judgment  performing  in  good  faith  the  work  undertaken 
by  it,  and  that  the  said  amendment  is,  in  their  judgment,  a  proper  one  and  for  the 
public  good. 

§  10.  This  act  shall  be  liberally  construed,  to  the  end  that  its  purpose  may  be 
carried  out,  to  wit :  That  the  care,  custody  and  discipline  of  the  child  may  approx- 
imate as  nearly  as  may  be  that  which  should  be  given  by  its  parents,  and  in  all 
cases  where  it  can  properly  be  done,  the  child  is  to  be  placed  in  an  approved 
family  home  and  become  a  member  of  the  family,  by  legal  adoption  or  otherwise. 

§    11.  All  laws  and  parts  of  laws  not  consistent  herewith  are  hereby  repealed. 

§  12.  There  being  an  emergency,  this  act  is  ordered  to  be  in  force  and  effect 
immediately  upon  its  passage. 


KEPORT  OF  THE  PROBATION  COMMISSION.  167 

Juvenile  Courts  and  Probation  System. 

Chapter  45,  Feb.  27,  1905  :  amdg.  1903  ch.  237. 

AN  ACT  to  amend  section  3  of  an  act  entitled  "An  act  providing  for  a  Juvenile 
Court,  providing  for  the  appointment  of  probation  officers,  outlining  their  duties 
and  specifying  their  compensation ;  providing  a  lawful  method  of  procedure 
against  juvenile  delinquents,  specifying  places  for  their  temporary  and  permanent 
detention,  and  the  compensation  for  their  care,  providing  for  a  time  and  place 
of  trial,  providing  that  no  destitute  girl  shall  be  sent  to  the  Industrial  School 
for  Girls,  providing  for  the  approval  of  the  State  Board  of  Charities  in  certain 
contingencies  ;  repealing  laws  inconsistent  herewith,  and  declaring  an  emergency," 
approved  March  10,  1903,  and  declaring  an  emergency. 

Section  3.  Whenever  a  complaint  is  made  or  pending  against^  a  boy  before  he 
has  completed  his  sixteenth  year,  or  a  girl  before  she  has  completed  her  seventeenth 
year,  for  the  commission  of  any  offense  not  punishable  by  law  with  imprisonment 
for  life,  or  for  which  the  penalty  is  death,  before  any  court  or  magistrate,  it  shall 
be  the  duty  of  such  court  or  magistrate  at  once  and  before  any  other  proceedings  are 
had  in  the  cause  to  give  notice  in  writing  of  the  pendency  of  said  cause  to  the 
probation  officer  of  his  county  and  forthwith  to  transmit  all  papers  in  said  cause 
to  the  Juvenile  Court  with  his  certificate  that  jurisdiction  in  said  cause  is  in  said 
Juvenile  Court.  Said  probation  officer  shall  immediately,  or  as  soon  thereafter  as 
possible  proceed  to  inquire  into  and  make  a  full  examination  and  investigation  of  the 
facts  and  circumstances  surrounding  the  commission  of  the  alleged  offense,  the 
parentage  and  surroundings  of  said  child,  its  exact  age,  habits  and  school  record 
and  everything  that  will  throw  light  on  its  life  and  character,  and  may  also  inquire 
into  the  home  conditions,  habits  and  character  of  its  parents  or  guardians,  and 
shall  make  a  full  report  thereon  in  writing  to  the  Juvenile  Court  before  said  cause 
is  tried.  If  upon  consultation  with  the  probation  officer  and  examination  of  such 
report  it  shall  appear  to  the  judge  of  said  court  that  the  child  is  not  guilty  of  the 
offense  charged  against  it,  or  that  the  interests  of  the  child  will  be  best  subserved 
thereby,  the  court  shall  order  that  such  child  be  not  brought  into  court  and  said 
cause  shall  be  dismissed.  Complaints  in  writing  duly  sworn  to  may  also  be  filed 
in  the  Juvenile  Court  as  in  other  courts  against  any  boy  or  girl  as  above  provided, 
and  when  so  filed  in  said  court  the  probation  officer  shall  make  examination  and 
investigation  and  make  written  report  thereon  exactly  as  in  cases  certified  to  said 
court  from  any  other  court  or  magistrate,  and  in  such  cases  it  shall  be  the  duty 
of  the  Juvenile  Court  to  proceed  as  in  other  cases.  If  upon  the  trial  of  any  child 
it  shall  appear  to  the  judge  of  the  Juvenile  Court  that  such  child  is  guilty  of  the 
offense  charged  he  may  withhold  judgment  for  a  definite  or  an  indefinite  period  if  it 
appear  that  the  public  interests  and  the  interest  of  the  child  will  be  best  subserved 
thereby,  and  may  order  that  such  child  be  returned  to  his  or  her  parents,  guardians 
or  friends ;  or  he  may  commit  such  child  to  the  care  of  a  volunteer  probation  officer 
who  shall  exercise  supervision  over  it  until  such  time  as  it  is  discharged  by  the  court 
from  further  supervision  upon  the  recommendation  of  such  volunteer  probation 
officer ;  or  the  .court  may  order  such  child  to  be  placed  in  the  family  of  some 
suitable  person  where  such  family  home  shall  be  recommended  by  the  probation 
officer  of  the  court,  there  to  remain  until  he  of  she  shall  have  attained  the  age  of 
twenty-one  years  or  for  any  less  time ;  or  the  court  may  order  such  child  to  be 
placed  in  the  home  where  the  county's  dependent  children  are  kept ;  or  if  it 
appear  to  be  for  the  best  interests  of  such  child  and  such  child  appears  to  be  in 
need  of  institutional  training  the  court  may  order  him  or  her  to  be  committed  to 
some  institution  managed  by  a  corporation  or  by  an  individual,  and  devoted  to  the 
care  of  such  children,  for  a  definite  or  indefinite  period,  said  institution  to  be 
situated  in  the  state  of  Indiana  and  to  be  inspected  at  least  once  a  year  and  approved 
by  the  Board  of  State  Charities,  and  to  receive  for  its  services  a  per  diem  of 
$.25  for  each  day  such  child  may  be  in  its  custody,  said  per  diem  to  be  paid  by 
the  county  sending  the  child  upon  itemized  vouchers  duly  certified  to  by  the  court; 
or  the  court  may  impose  a  fine  with  costs,  or  the  court  may  for  good  cause  shown 
suspend  judgment  in  any  case  for  a  definite  or  indefinite  period ;  or  if  the  offense 
be  malicious  trespass  the  court  may  require  the  damage  to  be  made  good,  or  if  the 
offense  be  petit  Jarceny  and  the  stolen  property  be  not  restored  the  court  may 
require  it  to  be  paid  for  by  the  defendant  himself  if  it  be  shown  that  he  is  capable 


168  REPORT  OF  THE  PROBATION  COMMISSION. 

of  earning  the  money  or  has  money  of  his  own,  and  in  all  the  foregoing  cases  the 
court  may  decree  the  child  to  be  the  ward  of  the  court  so  far  as  its  person  is 
concerned,  and  in  all  cases  where  any  child  has  been  decreed  to  be 
the  ward  of  the  court  the  authority  of  the  court  over  its  person  shall 
continue  until  the  court  shall  otherwise  decree,  and  the  court  may 
adopt  all  needful  rules  and  regulations  that  may  be  needed  in  order  to  carry  out 
the  provisions  of  this  act.  In  every  case  in  which  the  court  shall  commit  any  child 
to  the  care  and  custody  of  any  institution  as  above  provided  other  than  a  state 
institution  and  such  child  shall  have  a  parent  or  guardian  within  the  county,  the 
court  may  take  and  enter  an  order  requiring  such  parent  or  guardian  to  appear 
before  said  court  upon  a  day  and  hour  to  be  named  therein  and  show  cause,  if  any 
he  or  she  have,  why  he  or  she  should  not  pay  for  the  support  of  such  child,  in 
whole  or  in  part,  while  it  is  an  inmate  of  such  institution.  A  certified  copy  of  said 
order  shall  be  served  upon  such  parent"  or  guardian  by  the  sheriff  of  the  county 
not  less  than  ten  days  prior  to  the  day  fixed  therein  for  such  appearance.  Upon 
due  service  and  return  of  said  order  the  court  shall,  upon  the  day  fixed  or  upon  such 
subsequent  day  as  may  be  fixed  by  the  court,  hear  evidence  as  to  the  financial 
ability  of  such  parent  or  guardian  and  in  case  the  court  shall  find  that  such  parent 
or  guardian  should  pay  for,  or  contribute  to  the  maintenance  of  such  child  the  court 
shall  render  judgment  against  such  parent  or  guardian  that  such  parent  or  guardian 
shall  pay  to  the  clerk  of  the  Juvenile  Court  such  sums  as  the  court  shall  adjudge 
and  at  such  times  and  in  such  amounts  as  shall  be  by  the  court  found  just.  And 
fitch  judgment  shall  be  enforced  as  other  judgments  are  enforced,  and  all  money 
collected  on  such  judgments  shall  be  held  by  the  clerk  of  the  Juvenile  Court  and 
shall  be  remitted  by  him  quarterly  to  the  institution  keeping  such  child  or  children, 
and  the  amount  so  remitted  shall  be  deducted  from  the  quarterly  bill  of  such 
institution  ;  Provided,  That  the  clerk  of  such  Juvenile-  Court  shall  make  a  verified 
report  to  the  court  at  the  close  of  each  quarter  of  the  amount  of  money  so  collected 
on  such  judgments  which  report  the  judge  shall  cause  to  be  filed  with  the  county 
commissioners  with  tho  bill  rendered  by  the  institution  keeping  such  child.  If  any 
child  is  found  guilty  of  the  offense  charged  against  it  or  appears  to  be  wilfully  way- 
ward or  unmanageable,  the  court  may  commit  him  or  her  to  the  Indiana  Boys'  School, 
the  Industrial  School  for  Girls,  or  to  any  other  state,  penal  or  reformatory  institu- 
tion authorized  by  law  to  receive  such  boy  or  girl,  subject  to  such  conditions  as  are 
already  provided  for  by  law  for  the  reception  of  such  children  in  said  schools  and 
institutions.  And  in  all  cases  when  a  child  shall  be  committed  to  a  state  or 
other  institution  as  above  provided  the  report  of  the  probation  officer  shall  be 
attached  to  the  commitment  and  the  child  shall  be  placed  in  charge  of  the  probation 
officer,  or  some  person  designated  by  the  court  to  be  conveyed  under  his  direction 
to  the  designated  institution  :  Provided,  That  a  woman  shall  always  be  sent  with  the 
girl  so  committed,  and  the  person  taking  such  child  to  the  designated  institution  shall  be 
allowed  and  paid  his  or  her  actual  expenses  and  no  more  where  he  or  she  is  an 
officer  of  such  Juvenile  Court  appointed  by  the  court,  and  in  all  of  the  cases  the 
person  taking  such  child  to  any  institution  shall  be  allowed  and  paid  for  his  or  her 
services  the  same  fees  and  expenses  as  are  paid  the  sheriffs  in  like  cases :  And, 
Provided,  That  the  court  may  when  the  health  or  condition  of  the  child  requires  it, 
cause  the  child  to  be  placed  in  a  public  hospital  or  institution  for  treatment  or 
special  care,  or  in  a  private  hospital  or  institution  which  will  receive  it  for  like 
purposes  without  charge  or  for  the  per  diem  of  $.25  a  day  :  Provided,  That  when 
any  child  contemplated  by  this  act  shall  be  sentenced  to  confinement  in  any  institu- 
tion to  which  adult  convicts  are  sentenced,  it  shall  be  unlawful  to  confine  such 
child  in  the  same  building,  yard  or  enclosure  with  such  adult  convicts,  or  to  bring 
such  child  into  any  yard  or  building  in  which  adult  convicts  may  be  present :  And 
Provided,  That  in  every  trial  of  any  such  child  he  shall  be  entitled  to  a  trial  by  a 
jury  of  twelve  persons  if  he  shall  so  elect :  And  Provided,  That  if  any  such  boy  or 
girl  against  whom  a  complaint  is  made  is  unable  to  give  bond  and  the  court  does 
not  release  him  or  her  on  his  or  her  own  recognizance,  then  said  boy  or  girl  shall 
be  entitled  to  an  immediate  hearing  and  trial  in  the  Juvenile  Court  according  to 
law :  And  Provided,  That  in  case  the  judge  of  any  special  Juvenile  Court  established 
under  the  provisions  of  section  one  of  this  act  shall  be  unable  to  preside  therein 
by  reason  of  serious  illness  of  .himself  or  family  or  for  any  cause  disqualifying 
judges  of  the  Circuit  and  Superior  Courts,  he  may  appoint  a  judge  pro  tempore  for 


REPORT  OF  THE  PROBATION  COMMISSION.  169 

said  court  who  shall  hold   said   court  during  such   inability,   such  judge   pro   tempore 
to  be  paid  in  the  same  manner  and  amount  as  are  judges  pro  tempore   appointed  by 
the  judges  of  the  courts  of  this  state. 
§   2.   Emergency  clause. 

Adult  Delinquency. 

Chapter  145,  March  6,  1905. 

AN  ACT  defining  delinquency  in  children  and  providing  for  the  punishment  of  any 
person  responsible  for,  or  in  any  way  contributing  to,  the  delinquency  or  other 
offenses  of  any  child. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of  Indiana,  That 
the  words  "  delinquent  child  "  shall  include  any  boy  under  the  full  age  of  sixteen 
years  and  any  girl  under  the  full  age  of  seventeen  years  who  shall  violate  any  law 
of  this  state  or  any  ordinance  of  a  city  ;  or  who  is  incorrigible  ;  or  who  knowingly 
associates  with  thieves  or  other%  vicious  or  immoral  persons ;  or  who  is  growing  up 
in  idleness  or  crime ;  or  who  knowingly  visits  or  patronizes  any  policy  shop  or  place 
where  any  gaming  device  is  or  shall  be  operated ;  or  who  patronizes,  visits  or  enters 
any  saloon  or  wine  room  where  intoxicating  liquors  are  sold ;  or  who  knowingly 
patronizes,  visits  or  enters  any  public  pool  room  or  bucket  shop ;  or  who  wanders 
about  the  streets  of  any  city  in  the  night  time  without  being  on  any  lawful  business 
or  occupation  ;  or  who  wanders  about  in  any  railroad  yards  or  upon-  railroad  tracks ; 
or  who  jumps  upon  any  moving  train  or  enters  any  car  or  engine  without  lawful 
authority ;  or  who  uses  vile,  obscene,  vulgar,  profane  or  indecent  language ;  or 
who  smokes  cigarettes  ;  or  who  loiters  about  any  school  building  or  school  yard  ;  or 
who  is  guilty  of  indecent  or  immoral  conduct.  Any  boy  under  the  full  age  of  sixteen 
or  any  girl  under  the  full  age  of  seventeen  years  who  shall  commit  any  of  the  acts 
herein  specified  shall  be  deemed  a  delinquent  child  and  shall  be  proceeded  against 
as  such  in  the  manner  provided  by  law  for  the  prosecution  of  persons  charged  with 
misdemeanors,  and  upon  conviction  thereof  may  be  released  on  probation  or  may  be 
dealt  with  by  the  court  in  such  manner  as  it  may  appear  to  be  for  the  best  interest 
of  the  child. 

§  2.  It  shall  be  unlawful  for  any  person  to  cause  or  encourage  any  boy  under  the 
full  age  of  sixteen  years  or  any  girl  under  the  full  age  of  seventeen  years  to  commit 
any  act  of  delinquency  as  defined  and  specified  in  section  one  (1)  of  this  act,  or 
for  any  purpose  to  send,  or  ca\ise  to  be  sent,  any  such  child  to  any  house  of  prosti- 
tution, or  to  any  saloon  or  wine  room  where  intoxicating  liquor  is  sold,  or  to  any 
policy  shop  or  gambling  place,  or  to  any  pool  room  or  bucket  shop,  knowing  them  to 
be  such  ;  or  to  knowingly  encourage,  contribute  to  or  in  any  way  cause  any  such  child 
to  violate  any  law  of  this  state  or  the  ordinances  of  any  city ;  or  to  knowingly 
permit,  contribute  to,  encourage  or  cause  any  such  child  to  be  guilty  of  any  vicious 
or  immoral  conduct ;  and  any  person  so  offending  shall  be  guilty  of  a  misdemeanor 
and  shall  be  tried  for  such  offense  in  any  court  of  competent  jurisdiction,  and  upon 
conviction  thereof  shall  be  punished  by  fine  or  imprisonment  or  both :  Provided, 
however,  That  if  at  the  hearing  of  any  child  brought  before  any  Juvenile  Court,  it 
shall  appear  that  any  person  has  violated  any  of  the  provisions  of  this  section,  the 
judge  of  said  court  may  have  such  person  brought  before  him  upon  proper  warrant, 
and,  if  upon  preliminary  examination,  it  shall,  appear  that  such  person  is  probably 
guilty  of  the  offense  charged,  he  shall  be  recognized  as  recognizances  are  now  pro- 
vided by  law,  to  appear  at  the  next  term  of  the  Criminal  Court  of  said  county,  or  if 
there  be  no  Criminal  Court,  then  the  Circuit  Court  of  said  county. 

§  3.  Any  person  who  shall  be  convicted  of  violating  any  of  the  provisions  of 
section  two  (2)  of  this  act  shall  be  fined  in  any  sum  not  exceeding  five  hundred 
dollars  ($500)  or  imprisoned  in  the  county  jail  or  workhouse  for  a  period  not  exceed- 
ing six  (6)  months,  or  punished  by  both  such  fine  and  imprisonment.  The  court 
may  impose  conditions  upon  any  person  found  guilty  under  this  act,  and  so  long  as 
such  person  shall  comply'  therewith  to  the  satisfaction  of  the  court  the  sentence 
imposed  or  any  part  thereof  may  be  suspended  :  Provided,  That  no  such  sentence  or 
the  execution  thereof  shall  be  stayed  or  suspended  to  exceed  a  period  of  two  years  ; 
and  if,  upon  the  expiration  of  such  time,  or  any  time  prior  thereto  as  the  court  may 
deem  proper,  it  shall  appear  to  the  satisfaction  of  the  court  that  such  person  has 
complied  faithfully  with  the  conditions  imposed,  the  court  may  suspend  such  judg- 


170  KEPORT  OP  THE  PROBATION  COMMISSION. 

ment  and  sentence  absolutely,  in  which  case  such  person  shall  be  released  therefrom. 
If  at  any  time  during  the  suspension  of  such  sentence  it  shall  be  made  to  appear 
to  the  satisfaction  of  the  court  that  the  judgment  ought  to  be  enforced,  the  court 
shall  have  the  power  to  revoke  the  suspension  of  such  judgment  and  stay  of  execu- 
tion thereunder  and  may  enforce,  the  same,  and  in  such  case  the  term  of  such 
sentence  shall  commence  from  the  date  upon  which  the  same  is  ordered  to  be 
enforced. 

IOWA. 
Juvenile  Courts  and  Probation  System. 

Chapter   11,   April   7,   1904. 

AN  ACT  enlarging  the  powers  of  the  district  court,  and  to  regulate  the  treatment 
and  control  of  dependent,  neglected  and  delinquent  children.  [Additional  to 
chapter  five  (5)  of  title  three  (3)  of  the  code,  relating  to  the  district  court.] 

Section  1.  [Jurisdiction — Juvenile  Court  Record.]  The  district  court  is  hereby 
clothed  with  original  and  full  jurisdiction  to  hear  and  determine  all  cases  coming 
within  the  purview  of  this  act,  and  the  proceedings,  orders,  findings  and  decisions  of 
said  court  shall  be  entered  in  a  book  or  books  to  be  kept  for  the  purpose  and  known 
as  the  Juvenile  Court  Record.  Said  court  shall  always  be  open  for  the  transaction 
of  business  coming  under  the  purview  of  this  act,  but  the  hearing  of  any  matter 
requiring  notice  shall  be  had  only  in  term  time  or  at  such  time  and  place  as  the 
judge  may  appoint. 

§  2.  [Terms  defined.]  This  act  shall  apply  only  to  children  under  the  age  of  six- 
teen years,  not  at  the  time  inmates  of  a  state  institution  or  any  industrial  school 
for  boys  or  for  girls,  or  any  institution  incorporated  under  the  laws  of  this  state, 
and  shall  apply  to  all  children  of  said  age,  except  such  as  are  charged  with  a 
commission  of  offenses  punishable  under  the  laws  of  the  state  with  life  imprison- 
ment, or  with  the  penalty  of  death.  For  the  purpose  of  this  act,  the.  words 
"  dependent  children  "  or  "  neglected  children  "  shall  mean  any  child  who  for  any 
reason  is  destitute  or  homeless  or  abandoned ;  or  dependent  upon  the  public  for 
support ;  or  who  has  not  proper  parental  care  or  guardianship ;  or  who  habitually 
begs  or  receives  alms ;  or  who  is  found  living  in  any  house  of  ill-fame,  or  with 
any  vicious  or  disreputable  person  ;  or  whose  home,  by  reason  of  neglect,  cruelty  or 
depravity  on  the  part  of  its  parents  or  guardian  or  other  person  in  whose  care  it 
may  be,  is  an  unfit  place  for  such  child  ;  or  any  child  under  the  age  of  ten  years, 
who  is  found  begging,  or  giving  any  public  entertainment  upon  the  street  for  pecun- 
iary gain  for  self  or  another ;  or  who  accompanies  or  is  used  in  aid  of  any  person 
so  doing ;  or  who,  by  reason  of  other  vicious,  base  or  corrupting  surroundings,  is, 
in  the  opinion  of  the  court,  within  the  spirit  of  this  act.  The  words  "  delinquent 
child  "  shall  include  any  child  under  the  age  of  sixteen  years,  who  violates  any  law 
of  this  state,  or  any  city  or  village  ordinance ;  or  who  is  incorrigible ;  or  \vfiio 
knowingly  associates  with  thieves,  vicious  or  immoral  persons,  or  who  is  growing  up 
in  idleness  or  crime ;  or  who  knowingly  frequents  a  house  of  ill-fame ;  or  who 
patronizes  any  policy  shop  or  place  where  any  gaming  device  is,  or  shall  be 
operated  ;  or  who  habitually  wanders  about  any  railroad  yards  or  tracks,  gets  upon 
any  moving  train  or  enters  any  car  or  engine  without  lawful  authority.  The  word 
"child"  or  "children"  may  mean  one  or  more  children,  and  the  word  "parent" 
or  "  parents  "  may  be  held  to  mean  one  or  both  parents  when  consistent  with  the 
intent  of  this  act.  The  word  "  association  "  shall  include  any  corporation  which 
includes  in  its  purposes  the  care  or  disposition  of  children  coming  within  the  meaning 
of  this  act. 

§  3.  [Petition  in  writing.]  Any  reputable  person  being  a  resident  of  the  county, 
having  knowledge  of  a  child  in  his  county  who  appears  to  be  either  dependent, 
neglected  or  delinquent,  may,  without  fee,  file  with  the  clerk  of  the  court  having 
jurisdiction  in  the  matter,  a  petition  in  writing,  setting  forth  the  facts,  verified  by 
affidavit ;  it  shall  be  sufficient  if  the^  affidavit  is  upon  information  and  belief. 

§  4.  [Summons — Trial — Statutes  Applicable — Costs — Appeals.]  Upon  the  filing  of 
the  petition  the  court  may  cause  a  summons  to  issue  requiring  the  person  having 
custody  or  control  of  the  child  or  with  whom  the  child  may  be,  to  appear  wtih 
the  child  at  a  time  and  place  to  be  stated  in  the  summons.  The  parents  of  the 


KEPORT  OP  THE  PROBATION  COMMISSION.  171 

child,  if  living,  and  their  residence  is  known,  or  its  legal  guardian,  if  one  there 
be,  or  if  there  is  neither  parent  nor  guardian  or  if  his  or  her  residence  is  not 
known,  then  some  relative,  if  there  be  one  and  his  residence  is  known,  shall 
be  notified  of  the  proceedings,  and  in  "any  case  the  judge  may  appoint  some 
suitable  person  to  act  in  behalf  of  the  child.  If  the  person  summoned  as  herein 
provided  shall  fail  to  'appear  or  bring  the  child,  without  reasonable  cause,  and 
abide  the  order  of  the  court,  he  may  be  proceeded  against  as  in  case  of  contempt  of 
court.  In  case  the  summons  cannot  be  served  or  the  party  served  fails  to  obey  the 
same,  and  in  any  case  when  it  shall  be  made  to  appear  to  the  court  that  such 
summons  will  be  ineffectual,  a  warrant  may  issue  on  the  order  of  the  court,  either 
against  the  parent  or  guardian  of  the  person  having  custody  of  the  child  or  with 
whom  the  child  may  be,  or  against  the  child  itself.  On  the  return  of  the  summons 
or  other  process,  or  as  soon  thereafter  as  may  be,  the  court  shall  proceed  to  hear 
and  dispose  of  the  case  in  a  summary  manner,  provided,  however,  that  when  the 
child  is  brought  before  the  court,  charged  with  the  commission  of  a  crime,  not  pun- 
ishable with  imprisonment  for  life,  or  the  penalty  of  death,  the  court  may,  and  if 
the  child,  its  parents  or  guardian  demands,  shall  place  the  child  on  trial  for  the 
commission  of  such  offense.  Where  the  penalty  for  the  offense 'committed,  exceeds 
a  fine  of  one  hundred  dollars,  or  imprisonment  for  thirty  days,  the  court  shall  make 
an  examination  and  in  conducting  same  shall  be  governed  by  the  provisions  of 
section  five  thousand  two  hundred  and  sixteen  (5,216),  five  thousand  two  hundred 
and  eighteen  (5,218),  five  thousand  two  hundred  and  nineteen  (5,219),  five'  thousand 
two  hundred  and  twenty-one  (5,221),  five  thousand  two  hundred  and 
twenty-two  (5.222),  five  thousand  two  hundred  and  twenty-three 
(5,223),  five  thousand  two  hundred  and  twenty-four  (5,224),  five  thousand  two 
hundred  and  twenty-five  (5,225),  five  thousand  two  hundred  and  twenty-six  (5,226), 
five  thousand  two  hundred  and  twenty-seven  (5,227),  and  five  thousand  two  hun- 
dred and  thirty-nine  (5,239)  of  the  Code  and  shall  make  certificate,  order  of  dis- 
charge or  commitment,  issue  warrant,  require  undertakings  of  witnesses  and 
security  and  commit  witnesses  as  provided  by  sections  five  thousand  two  hundred 
and  twenty-eight  (5,228)  to  five  thousand  two  hundred  and  thirty-five  (5,235)  of  the 
Code  inclusive.  If  the  child  is  unable  to  furnish  the  required  bail,  the  child  may, 
pending  the  final  disposition  of  the  case,  be  detained  in  the  possession  of  the 
person  having  charge  of  the  same,  or  may  be  kept  in  a  suitable  place  provided 
by  the  city  or  county  authorities.  If  the  .crime  is  not  triable  on  indictment  or  if  it 
appears  on  the  examination  that  a  public  offense  has  been  committed  which  is  not 
triable  on  indictment  the  court  may  order  any  peace  officer  to  file  an  information 
against  the  child  before  him  and  shall  proceed  to  try  the  case  before  a  jury  of 
twelve  men,  selected  as  in  a  justice's  court.  The  proceedings,  costs  and  taxation 
thereof,  shall  be  as  provided  for  trials  in  the  district  court  and  the  defendant 
shall  be  entitled  to  his  exceptions  and  right  of  appeal. 

§  5.  [Discretionary  powers  of  court]  When  any  such  boy  or  girl  shall  be  found 
guilty  of  the  commission  of  a  crime,  not  punishable  with  imprisonment  for  life, 
or  the  penalty  of  death,  the  court  in  its  discretion,  may,  instead  of  entering 
Judgment  of  conviction,  make  order  concerning  such  child  in  manner  as  hereinafter 
provided. 

§  6.  [Probation  officers.]  The  court  shall  have  authority  to  appoint  or  designate 
one  or  more  discreet  persons  of  good  character  to  serve  as  probation  officers  during 
the  pleasure  of  the  court ;  said  probation  officer  to  receive  no  compensation  from  the 
public  treasury.  In  case  a  probation  officer  shall  be  appointed  by  any  court,  it 
shall  be  the  duty  of  the  clerk  of  the  court,  if  practicable,  to  notify  the  said  pro- 
bation officer  in  advance  when  any  child  is  to  be  brought  before  the  said  court ;  it 
shall  be  the  duty  of  said  probation  officer  to  make  such  investigation  as  may  be 
required  by  the  court ;  to  be  present  in  court  in  order  to  represent  the  interests  of 
the  child  when  the  case  is  heard ;  to  furnish  to  the  court  such  information  and 
assistance  as  the  judge  may  require,  and  to  take  such  charge  of  any  child  before 
and  after  trial  as  may  be  directed  by  the  court. 

§  7.  [Exclusion  from  court  room.]  The  judge  of  such  court  shall  designate  a 
certain  time  for  the  hearing  of  such  cases  and  is  hereby  empowered  when  tried  in 
a  summary  manner  as  provided  in  section  four  (4)  hereof,  to  exclude  from  the 
courtroom  e.t  such  hearing  any  and  all  persons  that  in  his  opinion,  are  not 
necessary  for  the  hearing  of  the  case.  The  probation  officer  shall  be  present  at 
every  hearing  in  the  interest  of  the  child. 


172  REPORT  OF  THE  PROBATION  COMMISSION. 

§  8.  [Commitment.]  When  any  child  of  the  age  stated  in  section  two  (2),  hereof, 
shall  be  found  to  be  dependent  or  neglected,  within  the  meaning  of  this  act,  the 
court  may  make  an  order  committing  the  child  to  the  care  of  some  suitable  state 
institution,  or  to  the  care  of  some  reputable  citizen  of  good  moral  character,  or  to 
the  care  of  some  industrial  school,  as  provided  by  law,  or  to  the  care  of  some 
association  willing  to  receive  it,  embracing  in  its  objects  the  purpose  of  caring  for 
and  obtaining  homes  for  dependent  and  neglected  children,  which  association  shall 
have  been  accredited  as  hereinafter  provided.  The  court  may,  when  the  health  or 
condition  of  the  child  may  require  it,  cause  the  child  to  be  placed  in  a  public 
hospital  or  institution  for  treatment  or  special  care,  or  in  a  private  hospital  or 
institution  which  will  receive  it  for  like  purposes  without  charge. 

§  9.  [Guardianship — Decree  for  adoption.]  In  any  case  where  the  court  shall 
award  a  child  to  the  care  of  any  association  or  individual  in  accordance  with  the 
provisions  of  this  act,  the  child  shall,  unless  otherwise  ordered,  become  a  ward 
and  subject  to  guardianship  of  the  association  or  individual  to  whose  care  it  is  com- 
mitted. Such  association  or  individual  shall  have  authority  to  place  such  child  in  a 
family  home,  with  or  without  indenture,  and  may  be  made  party  to  any  proceedings 
for  the  legal  adoption  of  the  child,  and  may  by  his  or  its  attorney  or  agent  appear 
in  any  court  where  such  proceedings  are  pending  and  assent  to  such  adoption. 
And  such  assent  shall  be  sufficient  to  authorize  the  court  to  enter  the  proper  order 
or  decree  for  adoption.  Such  guardianship  shall  not  include  the  guardianship  of 
any  estate  of  the  child. 

§  10.  [Disposition  of  child  by  agreement.]  It  shall  be  lawful  for  the  parent, 
parents,  guardian  or  other  person  having  a  right  to  dispose  of  [~a~|  dependent  or 
neglected  child  to  enter  into  an  agreement  with  any  association  or  institution  in- 
corporated under  any  public  law  of  this  state  for  the  purpose  of  aiding,  caring  for 
or  placing  in  home  such  children,  and  being  approved  as  herein  provided,'  for 
tho  surrender  of  such  child  to  such  association  or  institution,  to  be  taken  and  cared 
for  by  such  association  or  institution  or  put  in  a  family  home.  Such  agreement 
may  contain  any  and  all  proper  stipulations  to  that  end,  and  may  authorize  the 
association  or  institution,  by  its  attorney  or  agent,  to  appear  in  any  proceeding  for 
the  legal  adoption  of  the  child  and  consent  to  its  adoption,  and  the  order  of  the 
court  made  upon  such  consent  shall  be  binding  upon  the  child  and  its  parents  or 
guardian  or  other  person  the  same  as  if  such  person  were  personally  in  court  and 
consented  thereto,  whether  made  party  to  the  proceedings  or  not. 

§  11.  [Optional  commitments — Parole.]  In  the  case  of  a  delinquent  child,  the  court 
may  continue  the  hearing  from  time  to.  time,  and  may  commit  the  child  to  the 
care  or  custody  of  a  probation  officer,  and  may  allow  said  child  to  remain  in  its  own 
home  subject  to  the  visitation  of  the  probation  officer ;  such  child  to  report  to  the 
probation  officer  as  often  as  may  be  required,  and  subject  to  be  returned  to  the 
court  for  further  or  other  proceedings  whenever  such  action  may  appear  to  be 
necessary :  or  the  court  may  cause  the  child  to  be  placed  in  a  suitable  family  home, 
subject  to  the  friendly  supervision  of  the  probation  officer  and  the  further  order  of 
the  court ;  or  it  may  authorize  the  child  to  be  boarded  out  in  some  suitable^ 
family  home,  in  case  provision  is  made  by  voluntary  contribution  or  otherwise  for 
the  payment  of  the  board  of  such  child,  until  a  suitable  provision  may  be  made  in 
a  home  without  such  payment ;  or  the  court  may  commit  such  child,  if  a  boy,  to 
an  industrial  school  for  boys ;  or,  if  a  girl,  to  an  industrial  school  for  girls ;  or 
the  court  may  commit  the  child  to  any  institution  within  the  county,  incorporated 
under  the  laws  of  this  state,  that  may  care  for  delinquent  children,  or  be  pro- 
vided by  a  city  or  county,  suitable  for  the  care  of  such  children,  or  to  any  state 
institution  which  may  be  established  for  the  care  of  delinquent  boys  or  girls  over  the 
age  of  ten  years.  In  no  case  shall  a  child  be  committed  beyond  his  or  her  minority. 
A  child  committed  to  such  institution  shall  be  subject  to  the  control  of  the  board  of 
managers  thereof,  and  said  board  shall  have  power  to  parole  the  child  on  such 
conditions  as  it  may  prescribe ;  and  the  court  shall,  on  the  recommendation  of  the 
board,  have  power  to  discharge  such  child  from  custody  whenever,  in  the  judgment 
of  the  court,  his  or  her  reformation  is  complete ;  or  the  court  may  commit  the  child 
to  the  care  and  custody  of  some  association  that  will  receive  it,  embracing  in  its 
objects  the  care  of  neglected  or  dependent  children,  and  that  has  been  duly 
accredited  as  hereinafter  provided. 


REPORT  OF  THE  PROBATION  COMMISSION.  173 

§  12.  [Custody  of  child.]  No  court  or  magistrate  shall  commit  a  child  not  yet 
having  reached  his  seventeenth  birthday,  to  jail  or  police  station,  but  if  such  child 
is  unable  to  give  bail  it  may  be  committed  to  the  care  of  the  sheriff,  police  officer, 
probation  officer,  or  other  person,  who  shall  keep  such  child  in  some  suitable  place 
provided  by  the  city  or  county,  outside  the  enclosure  of  any  jail  or  police  station. 
When  any  child  shall  be  sentenced  to  confinement  in  any  institution  to  which 
adult  convicts  are  sentenced,  it  shall  be  unlawful  to  confine  such  child  in  the  same 
yard  or  enclosure  with  such  adult  convicts,  or  to  bring  such  child  into  any  yard 
or  building  in  which  adult  convicts  may  be  present.  Any  such  child,  taken  before 
any  justice  of  the  peace  or  police  court,  in  such  counties,  charged  with  misde- 
meanor, shall,  together  with  the  case,  be  at  once  transferred  by  said  justice  of  the 
peace  or  police  court,  to  said  district  court  and  proper  order  shall  be  made 
therefor. 

§  13.  [Support  of  child.]  In  any  case  in  which  the  court  shall  find  a  child 
dependent,  neglected  or  delinquent,  it  may,  in  the  same  subsequent  proceedings,  upon 
the  parents  of  said  child  or  either  of  them,  being  duly  summoned  or  voluntarily 
appearing,  proceed  to  inquire  into  the  ability  of  such  parent  or  parents  to  support 
the  child  or  contribute  thereto,  and  if  the  court  shall  find  such  parent  or  parents 
able  to  support  the  child  or  contribute  to  its  support,  the  court  may  enter  such 
order  or  decree  as  shall  be  according  to  equity  in  the  premises,  and  may  enforce 
the  same  by  execution  or  in  any  way  in  which  a  court  of  equity  may  enforce  its 
orders  or  decrees. 

§  14.  [Supervision  of  institutions — Annual  reports.]  The  Board  of  Control  shall 
designate  and  approve  the  institutions  and  associations  to  have  charge  of  juveniles 
under  this  act  and  shall  have  supervision,  oversight  and  right  of  visitation  (by  all 
or  any  of  its  members  or  by  such  persons  as  it  shall  appoint  thereto)  to  all 
institutions  and  associations  having  charge  of  juveniles  under  this  act,  and  said 
court,  institutions  and  associations  shall  make  annual  reports  in  the  first  fifteen 
days  in  January  of  each  year  to  said  Board  of  Control.  The  report  of  the  court  shall 
include  the  number  of  juveniles  of  each  sex  brought  before  it,  the  number  for  whom 
homes  have  been  obtained,  the  number  sent  to  state  institutions,  and  the  number 
under  charge  of  such  association. 

§  15.  [Religious  belief.]  The  court  in  committing  children  shall  place  them  as 
far  as  practicable  in  the  care  and  custody  of  some  individual  holding  the  same 
religious  belief  as  the  parents  of  said  child,  or  with  some  association  which  is 
controlled  by  persons  of  like  religious  faith  with  the  parents  of  said  child. 

§  16.  [Statutes  construed  liberally.]  This  act  shall  be  construed  liberally  to  the 
end  that  its  purpose  may  be  carried  out,  to  wit :  That  the  care,  custody  and  discipline 
of  a  .child  shall  approximate  as  nearly  as  may  be  that  which  should  be  given 
by  its  parents,  and  in  all  cases  where  it  can  properly  be  done,  the  child  to  be 
placed  in  an  approved  family  home  and  become  a  member  of  the  family  by  legal 
adoption  or  otherwise. 

KANSAS. 

Juvenile  Probation. 

Chapter  106,  March  1,  1901. 

AN  ACT  to  oefine  conditions  of  child  dependency,  neglect  and  ill-treatment  and 
to  prescribe  methods  for  the  protection,  disposition  and  supervision  of  dependent, 
neglected  and  ill-treated  children  within  the  State  of  Kansas. 

Section  1.  [Definitions.] — (a).  "Children's  aid  society"  shall  mean  any  duly 
organized  society  having  among  its  objects  the  protection  of  children  from  cruelty, 
and  the  care  and  control  of  neglected  and  dependent  children,  such  society  having 
been  duly  incorporated  according  to  the  laws  of  the  state  of  Kansas;  (b)  "institu- 
tion "  shall  mean  any  building  or  buildings,  public  or  private,  under  the  control  of  a 
competent  board  of  managers,  and  used  as  a  home  or  place  of  detention,  correction 
or  punishment  for  dependent  or  delinquent  children;  (c)  "court  of  summary 
jurisdiction  "  shall  mean  and  include  any  city  court,  justice  of  the  peace,  probate 
or  district  judge;  (d)  "municipality"  shall  mean  any  county,  city,  town  or  town- 
ship; (e)  "parent"  when  used  in  relation  to  child,  shall  include  guardian  and  every 
person  who  is  by  law  liable  to  maintain  a  .child;  (f)  "  place  of  safety  "  shall  include 
any  industrial  school  or  reform  school  for  boys  or  girls,  or  any  shelter  or  temporary 


174  REPORT  OP  THE  PROBATION  COMMISSION. 

home '  established  by  any  children's  aid  society,  orphan's  home,  or  other  institution 
for  the  protection  of  children,  duly  incorporated  under  the  laws  of  the  state  for  the 
purposes  of  this  act;  (g)  "street"  shall  include  any  highway  or  public  place, 
whether  a  thoroughfare  or  not. 

§  2.  Any  constable,  sheriff,  police  or  other  officer  may  apprehend  without  warrant, 
and  bring  before  any  court  of  summary  jurisdiction,  as  neglected,  any  child  appar- 
ently under  the  age  of  fourteen,  if  a  boy,  of  sixteen,  if  a  girl,  who  comes  within 
the  following  descriptions,  namely:  (a)  Who  is  dependent  upon  the  public  for  sup- 
port, or  is  found  begging  or  receiving  alms  or  thieving  in  any  street,  thoroughfare, 
tavern  or  place  of  public  resort,  or  sleeping  at  night  in  the  open  air;  (b)  who  is 
found  wandering  about  at  late  hours  at  night,  and  not  having  any  home  or  settled 
place  of  abode  or  proper  guardianship;  (c)  who  is  found  associating  or  dwelling  with 
a  thief,  drunkard  or  vagabond,  or  other  dissolute  or  degraded  person,  who  by  reason 
of  the  neglect  or  drunkenness  or  other  vices  of  its  parents  or  guardian  is  suffered 
to  be  growing  up  without  salutary  parental  control  and  education,  or  in  circum- 
stances exposing  the  child  to  an  idle  and  dissolute  life;  (d)  who  is  found  in  any 
house  of  ill-fame  or  in  company  with  a  reputed  prostitute;  (e)  who  is  found 
destitute,  being  an  orphan  or  deserted  by  its  parents,  or  having  a  single  surviving 
parent  who  is  undergoing  imprisonment  for  crime. 

§  3.  Any  child  apprehended  under  the  next  preceding  section  of  this  act  shall  be 
brought  before  the  proper  court  for  examination  within  three  days  after  such 
apprehension,  and  it  shall  thereupon  be  the  duty  of  the  court  to  investigate  and 
ascertain  whether  such  child  is  dependent  or  neglected,  as  described  in  the  next 
preceding  section  of  this  act,  its  age,  and  the  name  and  residence  of  its  parents ; 
and  the  said  court  shall  have  power  to  compel  the  attendance  of  witnesses,  and  may, 
at  its  discretion,  request  the  attendance  of  the  county  attorney  for  such  examination, 
and  if  requested  it  shall  be  the  duty  of  the  county  attorney  to  attend  accordingly. 
The  parents  (if  their  whereabouts  is  known),  or  persons  having  the  actual  custody  of 
such  child  shall  be  duly  notified  of  such  examination  not  less  than  three  days 
before  the  day  set  for  such  examination ;  and  any  friend  may  appear  in  behalf  of 
any  child ;  and  at  his  discretion,  the  court  may  request  any  duly  authorized 
representative  of  any  children's  aid  society  or  institution  to  appear  in  behalf  of  any 
child ;  and  if  on  such  examination  the  court  finds  that  any  child  is  dependent  or 
neglected,  within  the  meaning  of  the  next  preceding  section,  or  so  as  to  be  in  a 
state  of  ^habitual  vagrancy,  or  ill-treated,  so  as  to  be  in  peril  of  life,  health,  or 
morals,  by  continued  personal  injury  or  grave  misconduct  on  the  part  of  parents 
or  guardians,  he  shall  enter  such  findings  by  proper  order  to  that  effect,  and  shall 
order  delivery  of  such  child  to  such  children's  aid  society  or  institution  as  in  his 
judgment  is  best  suited  to  deal  with  said  child.  The  court  shall  deliver  to  such 
children's  aid  society  or  institution  a  certified  copy  of  the  order  made  in  the 
case,  which  shall  contain,  beside  the  said  finding  a  statement  of  the  facts  so  far  as 
ascertained  as  to  the  age  of  such  child,  name,  nationality,  and  residence,  other 
members  of  the  family,  and  occupation  of  parents,  or  either  of  them,  whether 
either  of  them  is  dead  or  has  abandoned  the  child  ;  and  in  the  case  of  examination 
of  two  or  more  children  of  the  same  family  at  the  same  time,  separate  copy  of  such 
finding  shall  be  given  for  each  child. 

§  4.  [Probation  officers.]  The  court  shall  have  authority  to  appoint  or  designate 
one  or  more  discreet  persons  of  good  character  to  serve  as  probation  officers 
during  the  pleasure  of  the  court ;  said  probation  officers  to  receive  no  compensation 
from  the  public  treasury.  In  case  a  probation  officers  shall  be  appointed  by  any 
court,  it  shall  be  the  duty  of  the  clerk  of  the  court,  if  practicable,  to  notify  said 
probation  officer  in  advance  when  any  child  is  to  be  brought  before  said  court.  It 
shall  be  the  duty  of  the  said  probation  officer  to  make  such  investigation  as  may  be 
required  by  the  court,  to  be  present  in  court  in  order  to  represent  the  interests  of  the 
child  when  the  case  is  heard,  to  furnish  the  court  such  information  and  assistance 
as  the  judge  may  require,  and  to  take  such  charge  of  any  child  before  and  after 
trial  as  may  be  directed  by  the  court. 

§  5.  [Title  to  child.]  Any  children's  aid  society  or  institution  to  the  care  of  which 
any  child  may  be  committed  under  the  provisions  of  this  act  shall,  subject  to  the 
provisions  of  section  seven  of  this  act,  be  the  legal  guardian  of  such  child,  and  all 
the  powers  and  rights  of  the  parents  in  respect  to  that  child  shall  vest  in  the  said 
society  or  institution  ;  and  it  shall  be  the  duty  of  said  children's  aid  society  or 
institution  to  use  special  diligence  in  providing  suitable  homes  for  such  children  as 


KEPORT  OP  THE  PROBATION  COMMISSION.  175 

may  in  this  way  be  committed  to  their  care ;  and  such  society  or  institution  is  hereby 
authorized  to  secure  for  such  children  legal  adoption  in  such  families  as  may  be 
approved  by  the  said  society  or  institution,  or  a  written  contract  providing  for 
their  education  in  the  public  schools  where  they  may  reside,  suitable  religious 
advantages,  and  Sabbath  privileges,  for  teaching  them  some  occupation,  and  for 
kind  and  proper  treatment  as  members  of  the  family  where  placed,  and  for  payment 
to  them,  on  the  termination  of  such  contract,  of  any  sum  of  money  that  may  be 
provided  for  in  said  instrument.  Such  contracts  shall  cover  the  entire  period  of 
said  child's  legal  minority,  or  such  a  portion  of  it  as  may  be  stipulated  in  the 
contract,  and  such  contract  shall  contain  a  clause  reserving  the  right  to  withdraw 
the  child  from  any  person  having  the  custody  of  such  child  when,  in  the  opinion 
of  the  children's  aid  society  or  institution  placing  out  such  child,  the  welfare  of 
the  child  requires  it. 

§  6.  [Interference  of  relatives.]  No  parent  or  guardian  or  other  person  who  by 
instrument  of  writing  surrenders  or  has  heretofore  surrendered  the  custody  of  a  child 
to  any  children's  aid  society  or  institution  shall  thereafter,  contrary  to  the  terms 
of  such  instruments,  be  entitled  to  the  custody  of  or  any  control  or  authority  over 
or  any  right  to  interfere  with  any  such  child,  and  these  same  conditions  shall 
prevail  where  a  child  is  or  has  been  delivered  to  such  children's  aid  society  or 
institution  by  action  of  any.  proper  court. 

§  7.  [Transfer  of  children  from  institutions  to  children's  aid  societies.]  Not- 
withstanding the  provisions  of  any  by-laws,  rules  or  regulations  for  the  government 
or  control  of  any  institution,  it  shall  be  lawful  for  the  trustees  or  governing  body 
of  such  institution  and  for  the  several  boards  of  county  commissioners  to  take 
advantage  of  section  five  of  this  act  by  transferring,  from  time  to  time,  children 
under  their  care  to  any  children's  aid  society  operating  in  the  locality  of  such 
institution  or  board  of  county  commissioners,  to  be  placed  out  by  such  children's 
aid  society  in  pursuance  of  this  act;  and  in  such  case  all  legal  claims  to  said 
child  are  transferred  to  said  children's  aid  society,  and  the  child  is  to  be  placed 
out  and  supervised  as  any  other  child  belonging  to  said  children's  aid  society. 

§  8.  [Ill-treatment  of  children.]  Any  person  over  sixteen  years  of  age  who, 
having  the  care,  custody,  control  or  charge  of  a  child,  being  a  boy  under  the  age 
of  fourteen  years,  or  being  a  girl  under  the  age  of  sixteen  years,  who  wilfully 
ill-treats,  neglects,  abandons  or  exposes  such  child,  or  causes  or  procures  such 
child  to  be  ill-treated,  neglected,  abandoned,  or  exposed,  in  a  manner  likely  to  cause 
such  child  unnecessary  suffering  or  serious  injury  to  its  health,  shall  be  guilty  of 
an  offense  under  this  act,  and,  on  conviction  thereof  by  a  court  of  summary 
Jurisdiction,  shall  be  liable,  at  the  discretion  of  the  court,  to  a  fine  not  exceeding 
one  hundred  dollars,  or,  in  addition  thereto,  to  imprisonment  to  a  term  not  exceed- 
ing three  months. 

§  9.  [Procedure  in  case  of  ill-treatment]  If  it  appears  to  any  police  magis- 
trate or  justice  of  the  peace  or  any  probate  court,  on  motion  made  before  him, 
under  oath,  by  any  person  who  in  the  opinion  of  the  court  is  bona  fide  acting  in  the 
interest  of  any  child,  that  there  is  reasonable  cause  to  suspect  that  such  child, 
being  a  boy  under  the  age  of  fourteen  years,  or  a  girl  under  the  age  of  sixteen,  has 
been  or  is  being  ill-treated  or  neglected  in  any  place  within  the  jurisdiction  of  such 
court,  in  a  manner  likely  to  cause  the  child  unnecessary  suffering  or  to  be 
Injurious  to  its  health,  such  magistrate,  justice  of  the  peace  or  probate  judge  may 
Issue  a  warrant  authorizing  any  proper  person  named  therein  to  search  for  the 
child,  and,  if  it  is  found  to  have  been  or  to  be  ill-treated  or  neglected  in  the 
manner  aforesaid,  to  take  it  to  and  detain  it  in  a  place  of  safety  until  it  can  be 
brought  before  the  proper  court ;  and  the  court  before  whom  the  child  is  brought 
may  cause  it  to  be  dealt  with  in  a  manner  provided  for  by  sections  four  and  five 
of  this  act.  The  magistrate  or  justice  issuing  such  warrant  may,  by  the  same 
warrant,  cause  any  person  accused  of  any  offense  in  respect  of  the  child  to  be 
apprehended  and  brought  before  the  proper  court,  and  proceedings  to  be  taken  to 
punish  such  persons,  according  to  section  eight  of  this  act.  Any  person  authorized 
by  warrant  under  this  section  to  search  for  any  child  and  to  take  it  and  detain  it 
In  a  place  of  safety  may  enter,  if  need  be,  by  force  any  house,  building  or  other 
place  specified  in  the  warrant  and  may  remove  the  child  therefrom.  Where  there 
is  no  superior  officer  or  police,  the  warrant  may  be  addressed  to  and  executed 
by  any  policeman  or  constable  approved  for  that  purpose  by  the  head  of  the 
municipality. 


17G  REPORT  OF  THE  PROBATION  COMMISSION. 

§  10.  [Interfering  with  placed-out  children.]  It  shall  be  unlawful  for  any  person 
to  induce  any  child  to  leave  the  building  or  the  premises  or  custody  or  control  of 
any  children's  aid  society,  or  of  any  duly  incorporated  boys'  or  girls'  home,  or 
orphan's  home  or  asylum,  or  children's  or  infant's  home ;  or  to  induce  or 
attempt  to  induce  a  child  to  leave  or  quit  any  service  or  apprenticeship  or 
any  place  in  which  or  where  the  child  has  been  or  may  be  lawfully  placed  for  the 
purpose  of  being  nursed,  supported,  educated,  or  adopted ;  or  to  induce  or  attempt 
to  induce  any  child  to  break  any  articles  of  apprenticeship  or  agreement  lawfully 
entered  into  by  or  with  the  authority  of  the  trustees  or  directors  or  governing 
body  of  any  such  home,  chifdren's  aid  society  or  asylum  respecting  any  such  child, 
or  to  detain  or  harbor  any  such  child  after  demand  made  by  or  on  behalf  of  any 
officer  of  any  such  institution  for  delivery  of  such  child ;  and  any  person  who 
violates  the  provision  of  this  section  shall  be  liable,  upon  summary  conviction 
before  a  justice  of  the  peace  or  other  cfiurt,  to  a  fine  not  exceeding  twenty  dollars 
and  costs,  and,  in  default  of  payment  thereof,  to  imprisonment  not  exceeding 
thirty  days. 

§  11.  [County  commissioners  may  pay  for  children  taken  from  off  their  hands.] 
Any  board  of  county  commissioners  having  jurisdiction  may,  at  their  discre- 
tion, upon  the  application  of  an  incorporated  children's  aid  society  or  institu- 
tion to  whose  custody  and  control  a  child  is  committed  by  said  board  of  county 
commissioners  or  by  the  probate  court  of  said  county,  make  an  order  for  the  pay- 
ment by  the  county  to  which  the  child  belongs  of  a  reasonable  sum,  not  to  exceed 
fifty  dollars,  for  the  expenses  involved  on  the  part  of  the  said  children's  aid 
society  or  institution  in  temporarily  caring  for  said  child,  finding  a  home  for  it, 
and  subsequent  supervision  of  it,  the  county  being  exempt  from  all  further 
responsibility  and  expense  of  said  .child  until  it  is  of  legal  age.  Any  child  shall  be 
deemed  to  belong  to  the  county  in  which  said  child  has  last  resided  for  a  period  of 
one  year ;  but  in  the  absence  of  evidence  to  the  contrary,  residence  for  one  year 
in  the  county  from  which  the  child  was  taken  into  custody  shall  be  presumed. 

§  12.  [Writ  of  habeas  corpus  may  be  denied.]  Where  the  parent  of  a  child 
applies  to  any  court  having  jurisdiction  in  behalf  of  said  child  for  a  writ  or 
order  for  the  production  of  the  .child,  and  the  court  is  of  the  opinion  that  the 
parent  has  abandoned  or  deserted  the  child,  or  that  he  has  otherwise  so  con- 
ducted himself  that  the  court  should  refuse  to  enforce  his  claimed  right  to 
the  custody  of  the  child,  the  court  may  decline  to  issue  the  writ  or  make  the 
order. 

§  13.  [Juvenile  offenders.]  In  any  and  every  incorporated  municipality,  chil- 
dren under  the  age  of  sixteen  years  who  are  charged  with  offenses  against  the 
laws  of  this  state,  and  who  are  brought  before  any  court  of  summary  jurisdiction 
for  examination  under  any  of  the  provisions  of  this  act,  shall  not,  before  trial 
or  examination,  be  confined  in  the  jails,  lock-ups  or  police  cells  used  for  ordinary 
criminals  or  persons  charged  with  crime,  nor,  save  as  hereinafter  mentioned, 
shall  such  children  be  tried  or  have  their  cases  disposed  of  in  the  police  court 
ordinarily  used  as  such.  It  shall  be  the  duty  of  such  municipalities  to  make 
separate  provision  for  the  custody  and  detention  of  such  children  prior  to  their 
trial  or  examination,  whether  by  arrangement  with  some  member  of  the  police 
force  or  other  person  or  society  who  may  be  willing  to  undertake  the  respon- 
sibility of  such  temporary  custody  or  detention,  on  such  terms  as  may  be 
agreed  upon,  or  by  providing  suitable  premises  entirely  distinct  and  separate 
from  the  ordinary  jails,  lock-ups,  or  police  cells,  and  it  shall  be  the  duty  of  the 
court  to  try  all  such  children,  or  examine  into  their  cases  and  dispose  thereof, 
where  practicable,  in  premises  other  than  the  ordinary  police-court  premises, 
or,  where  this  is  not  practicable,  in  a  private  office  of  the  court,  if  he  have  one, 
or  in  some  other  room  in  the  building ;  if  this  be  not  practicable,  then  in  the 
ordinary  police  court  room,  but  only,  in  such  last-mentioned  case,  when  an 
interval  of  two  hours  shall  have  elapsed  after  the  other  trials  or  examinations 
for  the  day  have  been  .disposed  of.  The  court  shall  exclude  from  the  room  or 
place  where  any  child  under  sixteen  years  of  age,  or  any  parent  charged  with 
any  offense  in  respect  of  a  child  under  this  act,  or  otherwise  with  neglect  or  of 
cruelty  to  his  child,  is  being  tried  or  examined,  all  persons  other  than  the  counsel 
and  witnesses  in  the  case,  officers  of  the  law  or  of  any  children's  aid  society  or 
institution,  and  the  immediate  friends  or  relatives  of  the  child  or  parent. 


KEPORT  OF  THE  PROBATION  COMMISSION.  177 

§  14.  [The  legal  age  of  a  child.]  When  a  person  is  charged  with  an  offense 
under  this  act  in  respect  to  a  child  who  is  alleged  to  be  under  any  specified  age, 
and  the  child  appears  to  the  court  to  be  under  that  age,  such  child  shall,  for 
the  purposes  of  this  act,  be  deemed  under  that  age,  unless  the  contrary  is  proved. 

§  15.  [Foreigp  corporations.]  No  association  which  is  incorporated  under  the 
laws  of  any  other  state  than  the  state  of  Kansas  shall  place  any  child  in  any 
family  home  within  the  boundaries  of  the  state  of  Kansas,  either  with  or  without 
indenture  or  for  adoption,  unless  the  said  association  shall  have  furnished  the  State 
Board  of  Charities  with  such  guaranty  as  they  may  require  that  no  child  will  be 
brought  in  to  the  state  of  Kansas  by  such  society  or  its  agents  having  any 
contagious  or  incurable  disease,  or  having  any  deformity,  or  being  of  feeble 
mind  or  of  vicious  character,  and  that  said  association  will  receive  and  remove  from 
the  state  any  child  brought  into  the  state  of  Kansas  by  its  agent  which  shall 
become  a  public  .charge  within  the  period  of  five  years  after  being  brought  into 
tne  state.  Any  person  who  shall  receive  to  be  placed  in  a  home,  or  shall  place 
in  a  home,  any  child  in  behalf  of  any  association  incorporated  in  any  other  state 
than  the  state  of  Kansas  which  shall  have  not  complied  with  the  requirements  df 
this  act  shall  be  imprisoned  in  the  county  jail  not  more  than  thirty  days,  or  fined 
not  less  than  five  dollars  or  more  than  one  hundred  dollars,  or  both,  in  the 
discretion  of  the  court. 

§  16.  [Complete  records  must  be  kept.]  All  children's  aid  societies  and  insti- 
tutions shall  keep  a  complete  record  of  such  children,  so  far  as  can  be 
obtained,  giving  the  name,  nationality,  whole  number  of  .children  in  the  family, 
name  and  age  of  parents,  also  maiden  name  of  mother,  when  and  where  the 
parents  were  married,  time  and  place  of  child's  birth  ;  also,  whether  either  or  both 
parents  are  living,  and  if  so,  where  ;  also,  whether  or  not  the  parents  are  divorced, 
and  if  so,  when  and  where,  and  who  was  given  the  custody  of  this  child. 

§  17.  [Supervision  by  State  Board  of  Charities.]  All  associations  receiving 
children  under  this  act  shall  be  subject  to  the  same  visitation,  inspection  and  super- 
vision of  the  State  Board  of  Charities  as  the  public  charitable  institutions  of  the 
state.  The  courts  hereinbefore  mentioned  may  require  such  information  and  statis- 
tics from  associations  desiring  to  have  children  submitted  to  their  care  under  the 
provisions  of  this  act  as  said  judges  may  deem  necessary  in  order  to  enable  them  to 
exercise  a  wise  discretion  in  dealing  with  children.  Every  such  association  shall 
file  with  the  State  Board  of  Charities  an  annual  written  report,  which  shall  include 
a  statement  of  the  number  of  children  cared  for  during  the  year,  the  number 
received,  the  number  placed  in  homes,  the  number  having  died,  the  number 
returned  to  friends ;  also  a  financial  statement,  showing  the  receipts  and  disburse- 
ments of  the  association.  The  statement  of  receipts  shall  indicate  the  amount 
received  from  public  funds,  the  amount  received  from  donations,  and  the 
amount  received  from  other  sources,  specifying  the  several  sources.  The 
statement  of  disbursements  shall  show  the  amount  expended  for  salaries 
and  other  expenses,  specifying  the  same ;  the  amount  expended  for  lands, 
buildings,  and  investments.  The  secretary  of  the  State  Board  of  Charities  shall 
furnish  to  the  probate  judge  of  each  county  a  list  of  associations  filing  such  annual 
reports,  and  no  child  shall  be  committed  to  the  care  of  any  association  which  shall 
not  have  filed  a  report  for  the  fiscal  year  last  preceding  with  the  State  Board  of 
Charities. 

§  18.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  publication  in 
the  official  state  paper. 

KANSAS. 

Juvenile  Courts  and  Probation  System. 
Chapter  190,  March  4,  1905. 

AN  ACT  to  establish  a  juvenile  court  and  provide  for  the  care  of  dependent,  neglected 
and   delinquent   children. 

Section  1.  That  there  be  and  hereby  is  created  and  established  in  each  county 
of  the  state  a  court  to  be  known  as  the  "  juvenile  court,"  whose  jurisdiction  shall 
pertain  to  the  care  of  dependent,  neglected  and  delinquent  children.  The  probate 

12 


178  KEPORT  OF  THE  PROBATION  COMMISSION. 

judge  of  each  county  shall  be  the  judge  of  the  juvenile  court  in  his  county,  and  he 
shall  be  furnished  by  the  board  of  county  commissioners,  at  the  expense  of  the 
county,  with  such  dockets,  records,  and  blanks,  upon  his  requisition,  as  may  be 
necessary  in  the  conduct  of  the  business  of  the  court.  Said  courts  shall  have 
jurisdiction  of  all  cases  concerning  dependent,  neglected  and  delinquent  children  in 
their  respective  counties,  shall  be  open  at  all  times  for  the  transaction  of  business, 
and  may  make  such  disposition  of  cases  as  is  hereinafter  provided.  They  shall  have 
authority  to  issue  subpoenas  for  witnesses,  and  compel  their  attendance  by  attach- 
ment as  for  contempt,  and  to  issue  all  other  process  that  may  be  necessary  in  the 
case,  the  same  as  justices  of  the  peace  are  authorized  to  do  in  misdemeanors.  All 
writs  and  process  shall  be  served  by  the  probation  officer  of  the  court,  or  in  his 
absence  by  some  person  especially  deputized  for  that  purpose  by  the  court  The 
judge  of  the  juvenile  court  shall  receive  as  compensation  for  his  services  the  same 
fees  as  are  allowed  the  probate  judge  for  like  services,  and  said  fees  shall  be  in 
addition  to  all  fees  or  salary  received  by  him  as  judge  of  the  probate  court ;  said 
fees  are  to  be  allowed  by  the  county  commissioners  and  paid  out  of  the  county 
treasury. 

§  2.  This  act  shall  apply  only  to  children  under  the  age  of  sixteen  years,  not  now 
or  hereinafter  inmates  of  any  state  institution  or  any  industrial  school  for  boys  or 
industrial  school  for  girls  or  some  institution  incorporated  under  the  laws  of  this 
state ;  provided,  that  when  jurisdiction  has  been  acquired  under  the  provisions 
hereof  over  the  person  of  a  child,  such  jurisdiction  may  continue  for  the  purposes  of 
this  act  until  the  child  has  attained  its  majority.  For  the  purpose  of  this  act  the 
words  "  dependent  child  "  and  "  neglected  child  "  shall  mean  any  child  who  for  any 
reason  is  destitute  or  homeless  or  abandoned,  or  dependent  upon  the  public  for 
support,  or  has  not  proper  parental  care  or  guardianship,  and  has  idle  and  immoral 
habits,  who  habitually  begs  or  receives  alms,  or  who  is  found  living  in  any 
house  of  ill-fame  or  with  any  vicious  or  disreputable  persons ;  or  whose  home,  by 
reason  of  neglect,  cruelty  or  depravity  on  the  part  of  its  parents,  guardian  or 
other  person  in  whose  care  it  may  be,  is  an  unfit  place  for  such  a  child ;  or 
any  child  under  the  age  of  ten  years  who  is  found  begging,  peddling  or  selling  any 
article,  or  singing  or  playing  any  musical  instrument  upon  the  street,  or  who 
accompanies  or  is  used  in  aid  of  any  person  so  doing.  The  words  "  delinquent 
child  "  shall  include  any  child  under  the  age  of  sixteen  years  who  violates  any 
law  of  this  state  or  any  city,  town  or  village  ordinance ;  or  who  is  incorrigible ;  or 
who  knowingly  associates  with  thieves,  vicious  or  immoral  persons  ;  or  who  is  grow- 
ing up  in  idleness  or  crime ;  or  who  knowingly  patronizes  any  pool-rooms  or  place 
where  gambling  devices  are  operated.  The  word  "  child  "  or  "  children  "  may  mean 
one  or  more  children,  and  the  word  "  parent  "  or  "  parents  "  may  be  held  to  mean 
one  or  both  parents,  when  consistent  with  the  intent  of  this  act.  The  word  "  asso- 
ciation "  shall  include  any  corporation  which  includes  in  its  purposes  the  care  or 
discipline  of  children  coming  within  the  meaning  of  this  act. 

§  3.  The  juvenile  court  having  jurisdiction  under  this  act  shall  appoint  or  desig- 
nate one  or  more  discreet  persons  of  good  character  to  serve  as,  probation  officers 
during  the  pleasure  of  the  court;  said  probation  officer  shall  receive  as  compensation, 
from  the  public  treasury,  a  sum  to  be  fixed  by  the  court,  said  sum  not  to  exceed 
two  dollars  per  day  for  services  actually  performed  ;  provided,  that,  in  cities  having 
a  population  of  fifteen  thousand  or  over,  the  compensation  shall  be  not  more  than 
three  dollars  per  day.  Whenever  there  is  to  be  a  child  brought  before  any  court 
having  a  probation  officer,  it  shall  be  the  duty  of  the  judge  of  the  court,  if  practi- 
cable, to  notify  the  probation  officer  in  advance  when  any  child  is  to  be  brought 
before  the  court.  It  shall  be  the  duty  of  said  probation  officer  to  make  such 
investigation  as  may  be  required  by  the  court ;  to  be  present  in  court  in  order  to 
represent  the  interest  of  the  child  when  the  case  is  heard ;  to  furnish  f  to  the 
court  such  information  and  assistance  as  the  judge  may  require,  and  to  take  such 
charge  of  any  child  before  and  after  trial  as  may  be  directed  by  the  court ;  and 
the  court  shall  have  power  to  make  and  enforce  rules  specifying  the  duties  of  the 
probation  officer  in  any  and  all  cases.  The  judge  of  said  juvenile  court  may, 
at  his  discretion,  designate  as  probation  officer  the  regular  truant  officer  of  the 
county,  who  shall  perform  the  duties  of  this  office  In  addition  to  the  duties  of  the 
truant  officer,  as  provided  by  law,,  and  he  shall  receive  no  further  remuneration  than 
is  provided  by  laws  already  existing.  Any  probation  officer  may,  without  warrant  or 
other  process,  at  any  time  until  the  final  disposition  of  the  case  of  any  child  over 


REPORT  OF  THE  PROBATION  COMMISSION.  179 

whom  said  juvenile  court  shall  have  acquired  jurisdiction,  take  the  child  placed  irr 
his  ,care  by  said  court  and  bring  the  child  before  the  court,  or  the  court  may  issue 
a  warrant  for  the  arrest  of  any  such  child ;  and  the  court  may  thereupon  proceed 
to  sentence  or  make  such  other  disposition  of  the  case  as  he  may  deem  best. 

§  4.  Any  reputable  person,  being  a  resident  in  the  county,  having  knowledge  of  a 
child  in  his  .county  who  appears  to  be  either  dependent,  neglected  or1  delinquent  within 
the;  meaning  of  this  act,  may  file  with  the  court  having  jurisdiction  in  the  matter 
a  petition  in  writing  setting  forth  the  facts,  verified  by  affidavit.  It  shall  be 
sufficient  that  the  affidavit  be  upon  information  and  belief.  If  it  shall  be  deter- 
mined by  the  court  that  there  is  no  ground  for  complaint,  no  permanent  record  shall 
be  made  by  the  court. 

§  5.  Upon  the  filing  of  the  petition,  unless  the  parties  shall  voluntarily  appear 
or  be  in  court,  a  summons  shall  issue  in  the  name  of  the  state  of  Kansas,  requiring 
the  child  and  the  person  having  custody  and  control  of  the  child,  or  with  whom 
the  child  may  be,  to  appear  with  the  child  at  the  place  and  at  the  time  set  in  the 
summons,  which  shall  not  be  later  than  twenty-four  hours  after  service,  unless  other- 
wise directed  by  the  court.  The  parents  of  the  child,  if  living  and  their  residence 
known,  or  its  legal  guardian,  if  one  there  be,  or  if  there  is  neither  parent  nor 
guardian,  or  if  his  or  her  residence  is  unknown,  then  some  relative,  if  there  be  one, 
and  his  or  her  residence  is  known,  shall  be  notified  of  the  proceedings  ;  and  in  any 
ca?e  the  judge  may  appoint  some  suitable  person  or  association  to  act  in  behalf  of 
the  child.  If  the  person  summoned  as  herein  provided  shall  fail  without  reasonable 
cause  to  appear  and  abide  the  order  of  the  court,  or  to  bring  the  child,  such  person 
may  be  proceeded  against  as  in  case  of  contempt  of  .court.  In  case  the  summons 
cannot  be  served  or  the  party  shall  fail  to  obey  the  same,  or  in  case  when  it  shall 
be  made  to  appear  to  the  court  that  such  summons  would  be  ineffectual,  a  warrant 
may  issue  on  the  order  of  the  court,  either  against  the  parent  or  guardian,  or  the 
person  having  custody  of  the  child,  or  against  the  child  itself.  On  the  return  of  the 
summons  or  other  process,  or  as  soon  thereafter  as  may  be,  the  court  shall  proceed 
to  hear  and  dispose  of  the  case  in  a  summary  manner  and  enter  final  judgment 
therein ;  and  the  costs  of  all  proceedings  under  this  act  may,  in  the  discretion  of 
the  court,  be  adjudged  against  the  person  or  persons  so  summoned,  appearing,  or 
arrested  as  the  case  may,  and  collected  as  provided  by  law  in  civil  cases. 

§  6.  In  any  case  the  court  may  continue  the  hearing  from  time  to  time,  and  may 
in  the  meantime  commit  the  child  to  the  care  and  control  of  the  probation  officer, 
or  may  allow  such  child  to  remain  in  its  own  home,  or  in  the  custody  of  some 
suitable  person,  subject  to  the  supervision  and  control  of  the  probation  officer  and 
to  such  other*  conditions  as  may  be  imposed  by  the  court ;  or  the  court  may 
authorize  the  child  to  be  placed  in  a  suitable  family  home,  subject  to  the  friendly 
supervision  of  the  probation  officer  and  the  further  order  of  the  .court.  Pending  a 
hearing,  no  child  shall  be  committed  to  a  jail  or  police  station,  except,  in  case  of 
felony,  the  judge,  if  he  deems  it  advisable,  may  commit  said  child  to  jail  until  the 
trial  and  final  disposition  of  the  case ;  but  when  other  provision  shall  not  have  been 
made  for  its  care  and  custody,  the  court  shall  direct  it  to  be  kept  in  some  suitable 
place  provided  by  the  county  outside  of  a  jail  or  police  station. 

§  7.  When  any  child  under  the  age  of  sixteen  years  shall  be  found  to  be 
dependent  or  neglected,  within  the  meaning  of  this  act,  the  court  may  make  an  order 
committing  the  child  to  the  care  of  some  suitable  institution,  or  the  care  of  some 
reputable  citizen  of  good  moral  character,  or  to  the  care  of  some  training  school  or 
an  industrial  school,  as  provided  by  law,  or  to  the  care  of  some  association  willing  to 
receive  it,  embracing  in  its  object  the  purpose  of  caring  for  or  obtaining  homes  for 
neglected  or  dependent  children.  The  court  may,  when  the  health  or  condition  of  the 
child  shall  require  it,  cause  the  child  to  be  placed  in  a  public  hospital  or  institution 
for  treatment  or  special  care,  or  in  a  private  hospital  or  institution  which  will 
receive  it  for  lika  purpose  without  charge. 

§  8.  In  any  case  where  the  court  shall  award  a  child  to  the  care  of  any  asso- 
ciation or  individual,  in  accordance  with  the  provisions  of  this  act,  the  child  shall, 
unless  otherwise  ordered,  become  a  ward,  and  be  subject  to  the  guardianship  of  the 
association  or  individual  to  whose  care  it  is  committed.  Such  association  or  indi- 
vidual shall  have  authority  to  place  such  child  in  a  family  home,  with  or  without 
indenture,  and  may  be  made  party  to  any  proceedings  for  the  legal  adoption  of  the 
child,  and  may  by  its  or  his  attorney  or  agent  appear  in  any  court  where  such 


180  REPORT  OF  THE  PROBATION  COMMISSION. 

proceedings  are  pending  and  assent  to  such  adoption  ;  and  such  assent  shall  be  suffi- 
cient to  authorize  the  court  to  enter  proper  order  or  decree  of  adoption.  Such 
guardianship  shall  not  include  the  guardianship  of  any  estate  of  the  child. 

§  9.  In  case  of  a  delinquent  child,  the  court  may  continue  the  hearing  from  time 
to  time,  and  may  in  the  meantime  commit  the  child  to  the  care  and  control  of  a 
probation  officer  duly  appointed  by  the  court,  and  may  allow  such  child  to  remain 
in  its  own  home  subject  to  the  visitation  and  control  of  the  probation  officer ;  such 
child  to  report  to  the  court  as  often  as  may  be  required,  and  shall  be  subject  to 
be  returned  to  the  court  for  further  proceedings  whenever  such  action  shall  appear 
to  the  court  to  be  necessary ;  or  the  court  may  authorize  the  child  to  be  placed  in 
a  suitable  family  home,  subject  to  the  friendly  supervision  of  the  probation  officer 
and  the  further  order  of  the  court;  or  it  may  authorize  the  child  to  be  boarded 
out  in  some  suitable  family  home,  in  ca'se  provision  is  made  by  voluntary  contribu- 
tion or  otherwise  for  payment  of  the  board  of  such  child,  until  suitable  provision 
may  be  made  for  the  child  in  a  home  without  such  payment;  or  the  court  may 
commit  the  child  to  a  suitable  institution  for  the  care  of  delinquent  children ; 
provided,  that  no  .child  under  the  age  of  sixteen  years  shall  be  committed  to  the 
State  Reformatory,  and  in  no  case  shall  a  child  be  committed  beyond  his  or  her 
minority.  A  child  committed  to  such  institution  shall  be  subject  to  the  control  of  the 
board  of  managers  thereof,  and  the  board  shall  have  power  to  parole  such  child  on 
such  conditions  as  it  may  prescribe ;  and  the  court  shll,  on  the  recommendation  of 
the  board,  have  power  to  discharge  such  .child  from  custody  whenever,  in  the 
judgment  of  the  court,  his  or  her  reformation  is  complete ;  or  the  court  may  commit 
the  child  to  the  care  and  custody  of  some  association  that  will  receive  it,  embracing 
in  its  objects  the  care  of  neglected  and  dependent  children,  if  such  institution  be 
duly  credited  as  hereinafter  provided,  or  to  the  care  and  custody  of  some  discreet 
person. 

§  10.  In  any  case  where  a  dependent,  neglected  or  delinquent  child  has  been 
committed  to  the  care  and  custody  of  any  association  or  individual,  the  court  may 
cause  the  child  to  be  brought  before  it,  together  with  the  person  in  whose  custody 
he  may  be,  and  if  it  shall  appear  that  a  continuance  of  such  custody  is  not  for  the 
best  interests  of  such  child,  the  court  may  revoke  and  set  aside  the  order  giving 
such  custody  and  mafte  such  further  orders  in  the  premises  as  to  the  future 
disposition  of  the  child  as  shail  seem  best. 

§  11.  When  a  child  under  the  age  of  sixteen  years  is  arrested,  with  or  without 
a  warrant,  such  child  shall,  instead  of  being  taken  before  a  justice  of  the  peace  or. 
police  magistrate  or  judge  or  any  other  court  now  or  hereafter  having  jurisdiction 
cf  the  offense  charged,  be  taken  before  such  juvenile  court ;  or  if  t'he  child  shall 
have  been  taken  before  a  justice  of  the  peace  or  police  magistrate  or  judge  of  such 
court,  it  shall  be  the  duty  of  such  justice  of  the  peace  or  police  magistrate 
or  judge  of  such  court  to  transfer  the  case  to  such  juvenile  court,  and  of  the  officer 
having  the  child  in  charge  to  take  such  child  before  said  court ;  and  in  any  such 
case  the  said  court  may  proceed  to  hear  the  defense  of  the  case  in  the  same  manner  as 
if  the  child  had  been  brought  before  the  court  upon  the  petition  as  herein  provided. 
In  any  case  the  court  shall  require  notice  to  be  given  and  investigation  to  be  made 
as  in  the  several  cases  under  this  act  provided  for,  and  may  adjourn  the  hearing 
from  time  to  time  for  the  purpose. 

§  12.  An  appeal  shall  be  allowed  to  the  district  court  by  any  child  from  the  final 
order  of  commitment  made  by  the  juvenile  court,  and  may  be  demanded  on  the  part 
of  the  child  by  its  parent,  guardian,  or  custodian,  or  by  any  relation  of  such  child 
within  the  third  degree  of  kinship.  Such  appeal  shall  be  taken  within  ten  days  after 
the  making  of  the  order  complained  of,  by  written  notice  of  appeal  filed  with  the 
Judge  of  the  juvenile  court;  whereupon  it  shall  be  the  duty  of  the  judge  of  said 
court,  without  unnecessary  delay,  to  transmit  all  papers,  together  with  a  transcript 
of  his  records  of  the  case,  to  the  clerk  of  the  district  court  of  his  county,  by  whom 
the  case  shall  be  docketed  in  the  order  of  its  reception.  Such  appeal  shall  not 
suspend  or  vacate  the  order  appealed  from,  but  the  same  shall  continue  in  force  in 
all  respects  the  same  as  if  no  appeal  had  been  taken  until  final  judgment  has  been 
rendered  in  the  district  court ;  provided,  however,  that  the  judge  of  the  district  court 
may,  pending  a  hearing  on  appeal,  make  such  modification  of  the  order  of  the 
juvenile  court,  and  upon  such  conditions,  as  to  him  may  seem  proper.  Upon  the  final 
hearing  on  appeal,  the  case  shall  be  heard  and  disposed  of  in  the  spirit  of  this  act 


REPORT  OF  THE  PROBATION  COMMISSION.  181 

and  in  the  exercise  of  all  the  powers  and  discretion  herein  given  to  the  juvenile 
court.  In  all  cases  of  felony,  the  judge  of  the  juvenile  court  may  remand  the 
person  apprehended  to  the  district  or  county  court  for  trial. 

§  13.  It  shall  be  the  duty  of  all  county  attorneys  within  their  respective  counties, 
and  city  attorneys  within  their  respective  cities,  to  give  to  the  probation  officers  such 
aid  in  the  performance  of  their  duties  as  may  be  consistent  with  the  duties  of  the 
office  of  such  attorneys.  It  shall  be  the  duties  of  the  police  officers  and  constables 
making  arrests  of  children  under  sixteen  years  of  age  in  the  counties  herein 
mentioned  to  at  once  give  information  of  that  fact  to  the  probation  officer  or  to  the 
judge  of  the  juvenile  court  herein  provided,  and  also  to  furnish  such  probation 
officer  or  judge  with  all  the  facts  in  his  possession  pertaining  to  said  child,  its 
parents,  guardian,  or  other  person  likely  to  be  interested  in  such  child,  and  also 
the  nature  of  the  charge  upon  which  such  charge  has  been  made.  Any  probation 
officer  may,  without  warrant  or  other  process,  at  any  time  until  final  disposition 
of  the  case  of  any  .child  over  whom  said  juvenile  court  shall  have  acquired 
Jurisdiction,  take  any  child  placed  in  its  care  by  said  court  and  bring  such  child 
before  the  court,  or  the  court  may  issue  a  warrant  for  the  arrest  of  any  such  child ; 
and  the  court  may  thereupon  proceed  to  sentence  or  make  other  disposition  of  the 
case. 

§  14.  All  punishments  and  penalties  imposed  by  law  upon  persons  for  the  com- 
mission of  offenses  against  the  laws  of  the  state,  or  imposed  by  city  ordinances  for 
the  violation  of  such  ordinances,  in  the  case  of  delinquent  children  under  the  age 
of  sixteen  years,  shall  rest  in  the  discretion  of  the  judge  of  the  juvenile  court, 
and  execution  of  any  sentence  may  be  suspended  or  remitted  by  said  court. 

§  15.  This  act  shall  be  liberally  construed,  to  the  end  that  its  purposes  may  be 
carried  out,  to  wit,  that  the  care,  custody  and  discipline  of  a  child  shall  approximate, 
as  nearly  as  may  be  proper,  parental  care ;  and  in  all  cases  where  the  same  can 
be  properly  done,  that  a  child  may  be  placed  in  an  approved  family  home, 
by  legal  adoption  or  otherwise.  And  in  no  case  shall  any  proceedings,  order  or 
judgment  of  the  juvenile  court,  in  cases  coming  within  the  purview  of  this  act,  be 
deemed  or  held  to  import  a  criminal  act  on  the  part  of  any  child ;  but  all  pro- 
ceedings, orders  and  judgments  shall  be  deemed  to  have  been  taken  and  done  in  the 
exercise  of  the  parental  power  of  the  state. 

§  16.  All  acts  or  parts  of  acts  in  conflict  with  this  act  or  inconsistent  herewith  are 
hereby  repealed. 

§  17.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  publication  in 
the  official  state  paper. 

MAINE. 

Probation  Officer  for  Cumberland  County  (Portland). 
Chapter  346,  March  21,   1905. 

AN    ACT    to    provide   for   the    appoiptment   of    a    probation    officer   for    the    county    of 

Cumberland. 

Section  1.  The  judge  of  the  municipal  court  for  the  city  of  Portland  shall  appoint 
one  person  as  probation  officer,  to  be  approved  by  the  judge  of  the  superior  court 
for  the  county  of  Cumberland,  who  shall  act  under  the  direction  of  said  courts. 
The  term  of  office  of  said  officer  shall  be  for  the  period  of  two  years,  or  until 
removed  by  the  judge  of  either  of  said  courts.  A  record  of  said  appointment  and 
approval  and  of  any  such  removal  shall  be  made  by  the  clerk  of  said  superior 
court,  and  said  clerk  shall  notify  the  county  commissioners  and  the  county  treas- 
urer of  the  county  of  Cumberland  of  the  same. 

§  2.  Said  probation  officer  shall  have  and  exercise  all  the  powers  of  a  truant 
officer,  police  officer,  constable  and  deputy  sheriff  in  criminal  matters.  He  may 
also,  without  warrant  or  other  process,  take  any  person  placed  in  his  care  by  either 
of  said  courts  at  any  time  until  such  person  is  committed  on  mittimus  in  final 
execution  of  sentence  and  bring  him  before  the  court,  or  the  court  may  issue  a 
warrant  for  the  rearrest  of  any  such  person  ;  and  the  court  may  thereupon  proceed 
to  sentence,  order  mittimus  to  issue  where  it  has  been  stayed  or  make  any  other 
lawful  disposition  of  the  case. 

§  3.  The  salary  of  said  probation  officer  shall  be  one  thousand  dollars  per  year, 
payable  monthly  in  equal  instalments  by  the  county  treasurer  of  the  county  of 
Cumberland,  upon  warrants  drawn  by  the  county  commissioner  of  said  county. 


182  REPORT  OF  THE  PROBATION  COMMISSION. 

When  a  person  has  been  placed  on  probation  the  court  may  direct  and  authorize 
the  probation  officer  to  expend  for  the  temporary  support  of  such  person,  or  for  his 
transportation,  or  for  'both  such  purposes  such  reasonable  sum  as  the  court  shall 
consider  expedient  and  any  sums  so  expended,  together  with  actual  disbursements 
for  necessary  expenses  made  by  said  probation  officer  while  in  the  performance  of 
his  duty,  shall  be  reimbursed  to  him  out  of  the  county  treasury  of  the  county  of 
Cumberland  after  approval  by  the  recorder  of  said  municipal  court  when  said 
expenditure  was  made  by  order  of  the  judge  of  said  court,  or,  in  his  absence,  the 
recorder,  or  when  said  duties  were  performed  on  account  of  said  municipal  court, 
and  by  the  clerk  of  said  superior  court  when  the  expenditure  was  made  by  order  of 
the  judge  thereof,  or  when  said  duties  were  performed  on  account  of  said  superior 
court,  provided  that  said  officer  shall  not  be  allowed  in  all  for  such  disbursements, 
exclusive  of  said  expenditures  made  by  special  order  of  said  courts,  a  greater  sum 
than  three  hundred  dollars  in  any  one  year. 

§  4.  In  case  of  the  absence  of  said  probation  officer,  the  judge  of  said  municipal 
court,  or,  in  his  absence,  the  recorder,  or  the  judge  of  the  superior  court,  as  the 
case  may  be,  may  appoint  a  probation  officer,  pro  tempore,  to  act  during  such 
absence,  who  shall  have  all  the  powers  and  perform  all  the  duties  of  the  probation 
officer  and  who  shall  receive  as  compensation  for  each  day's  service  the  sum  of 
three  dollars  per  day  to  be  paid  by  the  .county  treasurer  of  the  county  of  Cumberland; 
provided,  that  the  compensation  so  paid  for  any  excess  over  fourteen  days'  service 
in  any  one  calendar  year  shall  be  deducted  by  said  county  treasurer  from  the  salary 
of  the  probation  officer. 

§  5.  Said  probation  officer  shall  assist  said  courts  by  obtaining  and  furnishing 
information  concerning  previous  arrests,  convictions,  imprisonments  and  other  mat- 
ters ordered  by  either  of  said  courts  relative  to  persons  accused  of  .criminal  offenses, 
and  by  inquiring  into  the  facts  of  every  criminal  case  brought  before  said  courts, 
and  may  recommend  that  any  person  convicted  be  placed  upon  probation.  The  case 
against  any  such  convicted  person  may  be  continued  for  sentence,  or  sentence  may 
be  imposed  and  mittimus  stayed  for  any  period,  or  on  any  terms  the  .court  deems 
best.  The  court  may  place  any  person  convicted  by  it  in  care  of  the  probation 
officer  for  such  time  and  upon  such  conditions  as  may  seem  proper.  If  the  sentence 
is  to  pay  a  fine  and  to  stand  committed  until  the  same  is  paid,  the  fino  may  be  paid 
to  said  probation  officer  at  any  time  during  the  period  of  probation  and  said  proba- 
tioner shall  thereby  be  discharged.  Said  officer  shall  give  a  receipt  for  every  fine  so 
paid,  shall  keep  a  record  of  the  same,  shall  pay  the  fine  to  the  recorder  or  clerk  of 
the  court,  as  the  case  may  be,  within  twenty-four  hours  after  its  receipt  and  shall 
keep  on  file  the  recorder's  or  clerk's  receipt  therefor. 

§  6.  Any  person  arrested  for  a  misdemeanor  may  make  to  the  officer  in  charge 
of  the  place  of  custody  in  which  he  is  confined  a  written  statement,  addressed  to  the 
judge  of  the  municipal  court,  giving  his  name  and  address,  what  persons,  if  any, 
are  dependent  upon  him  for  support,  his  place  of  employment,  if  any,  and  whether 
he  has  been  arrested  before  within  twelve  months  next  preceding,  together  with  a 
request  to  be  released  from  custody.  The  officer  who  receives  such  statement 
shall  endorse  thereon  the  name  of  the  arresting  officer,  and  shall  transmit  said 
statement  to  the  probation  officer,  who  shall  at  once  inquire  as  to  the  truth  or 
falsity  thereof,  and  into  the  record  of  said  person  as  to  previous  offenses,  and  shall 
endorse  thereon  over  his  own  signature  for  the  use  of  the  court  the  result  of  the 
investigation,  and  the  court  thereupon  in  its  discretion  may  direct  that  such  person 
be  released  from  custody  without  arraignment.  No  officer  making  an  arrest  under  the 
provisions  of  this  section  shall  be  liable  for  illegal  arrest  or  imprisonment,  if  the 
person  arrested  shall  be  released  from  custody  upon  his  own  request,  as  herein 
provided. 

§  7.  Said  probation  officer  shall  keep  full  records  of  all  cases  investigated  by  him, 
and  of  all  cases  placed  in  his  care  by  said  courts  and  of  any  other  duties  performed 
by  him  under  this  act,  and  shall  so  arrange,  consolidate  and  index  his  records, 
that  the  complete  record  of  all  the  offenses  of  any  one  person  may  be  readily 
ascertained. 

§  8.  Said  probation  officer  shall  give  to  the  county  commissioners  of  the  county 
of  Cumberland  such  information  as  they  shall  request  regarding  his  work,  and  shall 
report  to  said  commissioners  on  blanks  or  forms  furnished  by  them  such  facts  as  they 
shall  require  regarding  all  cases  brought  before  said  courts  and  investigated  by  said 


EEPORT  OF  THE  PROBATION  COMMISSION.  183 

officer,  and  regarding  all  .cases  of  persons  placed  upon  probation  in  his  custody. 
Said  commissioners  shall  keep  a  record  of  the  same  and  incorporate  said  record 
In  their  annual  report. 

§   9.   This  act  shall  take  effect  when  approved. 


MARYLAND. 

Baltimore  Magistrate  for  Juvenile  Causes  and  Probation  Officers. 

Chapter  611,  April  11,   1902. 

Section  1.  That  the  following  sections  be  added  to  article  4  of  the  Code  of 
Public  Local  Laws,  title  "  City  of  Baltimore,"  subtitle  "  Justices  of  the  Peace  and 
Constables,"  to  follow  section  623  as  now  enacted,  and  to  be  known  and  numbered 
as  section  623A  of  the  said  article. 

§  623A.  In  addition  to  the  justices  of  the  peace  mentioned  in  section  623  of  this 
article,  the  Governor,  by  and  with  the  advice  and  consent  of  the  Senate,  and  if  the 
Senate  shall  not  be  in  session  then  by  the  Governor,  shall  appoint  from  the  city  of 
Baltimore  at  large  an  additional  justice  of  the  peace,  who  shall  be  appointed  from 
such  ward  as  the  Governor  may  elect,  shall  be  known  as  "  The  Magistrate  for  Juvenile 
Causes,"  who  shall  be  a  member  of  the  bar  of  the  Supreme  Bench  of  Baltimore  City, 
and  shall  receive  from  the  Mayor  and  city  council  of  Baltimore  a  salary  of  $2,100 
per  annum,  payable  monthly,  and  the  additional  justice  provided  for  in  this  section 
of  this  article  shall  have  exclusive  jurisdiction  of  all  cases  of  trial,  or  commitment 
for  trial,  or  of  commitment  to  any  reformatory  or  other  institution,  of  all  minors 
under  sixteen  years  of  age  in  all  cases  where  jurisdiction  thereof  is  given  by  law 
to  any  justice  of  the  peace  in  Baltimore  City,  and  such  justice  shall  hear  and 
dispose  of  all  such  cases  at  such  place  and  as  shall  be  designated  by  the  Board  of 
Police  Commissioners  of  Baltimore  City,  and  he  shall  sit  during  the  same  hours  as 
the  police  magistrates  of  said  city.  Whenever  any  such  child  shall  be  arrested  it 
may  be  taken  to  such  place  other  than  one  of  the  station  houses,  as  may  be 
designated  by  the  Board  of  Police  Commissioners,  but  in  the  absence  of  such 
designation  such  child  may  be  held  at  a  station  house  as  heretofore 
until  he  shall  be  brought  before  the  magistrate.  When  such  justice  shall  commit 
any  such  child  for  the  action  of  the  grand  jury,  such  commitment  may  be  to  any 
suitable  reformatory  institution,  having  due  regard  to  the  sex  of  the  said  child 
and  the  wishes  of  its  parents  or  guardian,  if  it  have  any,  instead  of  to  the  Baltimore 
city  jail.  In  the  absence  of  the  additional  justice  provided  for  in  this  section,  either 
from  sickness  or  other  cause,  the  Board  of  Police  Commissioners  shall  designate  one 
of  the  police  justices  to  act  in  his  place. 

§  2.  That  the  sub-title  before  section  881  of  said  article  be  amended  so  as  to 
read  "  Vagrant,  Dependent  and  Vicious  Children." 

§  3.  That  the  following  new  sections  be  added  to  said  article,  to  follow  after 
section  886  thereof,  and  to  be  numbered  and  known  as  sections  886A  and  886s  of 
the  said  article,  respectively : 

§  886A.  The  Supreme  Bench  of  Baltimore  City  shall  have  authority  to  appoint, 
and  at  pleasure  remove,  in  such  number  as  the  said  Supreme  Bench  shall  from  time 
to  time  deem  advisable,  persons  of  either  sex  of  good  character,  to  serve  during  its 
pleasure,  but  without  compensation  from  the  city  or  state,  as  probation  officers  for 
minors  as  hereinafter  provided.  Whenever  any  child  under,  or  apparently  under  the 
age  of  sixteen  years,  shall  have  been  arrested  or  shall  be  charged  with  a  crime  of 
incorrigible  or  vicious  conduct,  or  whenever  application  is  made  under  the  pro- 
visions of  the  laws  of  this  state  for  the  commitment  of  any  such  child  to  any 
reformatory  or  other  institution  it  shall  be  the  duty  of  one  or  more  of  the  said 
probation  officers  designated  by  the  court  or  magistrate  hereinafter  next  men- 
tioned to  make  such  investigation  as  may  be  required  by  the  court  or  magistrate 
having  jurisdiction  in  the  case,  to  be  present  at  the  hearing  of  the  case  in  order 
to  represent  the  interests  of  the  child  and  to  furnish  to  the  court  or  magistrate  such 
information  and  assistance  as  may  be  required,  and  before  and  after  trial,  in  the 
discretion  of  the  court  or  magistrate,  to  have  control  arid  custody  of  the  child, 
subject  to  the  order  of  the  court  or  magistrate. 

§  886B.  At  the  trial  of  any  such  child  charged  with  crime  or  incorrigib'e  or 
vicious  conduct,  whether  before  a  court  or  a  magistrate,  due  investigation  shall  be 


184  KEPORT  OF  THE  PROBATION  COMMISSION. 

made  into  the  circumstances  of  the  case  and  the  surroundings  of  the  child,  with 
special  reference  to  its  future  welfare.  The  court  or  magistrate,  either  before  trial, 
with  the  consent  of  the  child,  or  its  parent  or  guardian,  or  after  conviction,  may  in 
its  discretion  suspend  further  proceedings  during  the  good  behavior  of  the  child  and 
place  it  in  the  care  of  any  of  the  probation  officers  for  minors  appointed  under  the 
preceding  section,  for  such  time  and  upon  such  conditions  as  may  seem  proper. 
Such  probation  officer  shall  have  the  power  to  bring  such  child  before  the  court  or 
magistrate  at  any  time  during  the  period  for  which  it  was  committed  to  his  care. 

Baltimore  Probation  Officers. 

Chapter   514,  April   8,   1904  :   amdg.   1902  ch.   611. 

AN  ACT  to  repeal  and  re-enact  wit£  amendments  sections  886A  and  886B  of 
article  4  of  the  Code  of  Public  Local  Laws,  title  "City  of  Baltimore,"  sub-title 
"Vagrant,  Dependent  and  Vicious  Children,"  as  enacted  by  act  of  1902  chapter 
611. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  Maryland,  that  sections  886-A 
and  886-B  of  article  4  of  the  Code  of  Public  Local  Laws,  title  "  City  of  Baltimore," 
sub-title  "  Vagrant,  Dependent  and  Vicious  Children,"  as  enacted  by  the  act  of  1902, 
chapter  611,  be  and  the  same  are  hereby  repealed  and  re-enacted  with  amendments  so 
as  to  read  as  follows  : 

§  886A.  The  Supreme  Bench  of  Baltimore  City  has  authority  to  appoint  and  at 
pleasure  remove,  in  such  number  as  said  court  shall  from  time  to  time  deem  advis- 
able, persons  of  either  sex,  of  intelligence  and  probity,  to  serve  during  its  pleasure 
as  probation  officers,  three  of  whom  shall  be  designated  by  said  court  as  paid 
probation  officers,  and  shall  each  receive  from  the  Mayor  and  City  Council  of  Balti- 
more a  salary  of  twelve  hundred  dollars  per  annum,  payable  monthly ;  the  others 
to  serve  without  compensation  from  the  city  or  state ;  the  probation  officers  are 
deemed  officers  of  the  various  courts  presided  over  by  the  judges  of  the  Supreme 
Bench  of  Baltimore  City,  exercising  functions  under  the  authority  and  direction  of 
such  courts,  and  in  the  execution  of  their  office  are  vested  with  the  privileges  and 
authority  of  conservators  of  the  peace. 

§  886B.  In  any  proceeding  before  any  of  said  courts  or  before  the  magistrate 
for  juvenile  causes,  involving  the  detention,  custody  or  commitment  of  any  minor, 
one  or  more  of  the  probation  officers  designated  by  the  court  or  magistrate  shall 
make  such  investigation  as  may  be  required  by  the  court  or  magistrate,  and 
execute  such  orders  or  directions  of  the  court  or  magistrate  as  may  be  given  them ; 
at  any  stage  of  proceedings  in  the  case  of  a  minor  who  is  charged  with  crime  or 
whose  care  and  custody  is  involved,  the  court  or  magistrate  may  suspend  further 
action  and  place  such  minor  in  the  care  and  custody  of  a  probation  officer  for 
such  time  and  upon  such  terms  and  conditions  as  may  be  deemed  proper  ;  and  such 
officer  may  bring  the  minor  before  the  court  or  magistrate  at  any  time  during  the 
period  of  commitment  to  his  care.  The  Supreme  Bench  shall  from  time  to  time 
designate  and  direct  such  probation  officer  or  officers  as  they  may  select  to  visit 
the  various  juvenile  institutions  to  which  minors  are  committed  by  any  of  said 
courts  to  make  a  thorough  investigation  into  all  matters  affecting  the  welfare  of 
such  minors,  and  make  a  report  thereof  to  said  court. 

§  2.  And  be  it  enacted,  that  this  act  shall  take  effect  from  the  date  of  its 
passage. 

Baltimore  Magistrate  for  Juvenile  Causes. 

Chapter  521,  April  8,  1904:  amdg.  1902  ch.   611. 

AN  ACT  to  repeal  and  re-enact  with  amendments  section  623A  of  article  4  of  the 
Code  of  Public  Local  Laws,  title  "City  of  Baltimore,"  as  amended  by  the  act  of 
1902,  chapter  611,  sub-title  "  Justices  of  the  Peace  and  Constables." 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  Maryland,  that  section 
623A  of  article  4  of  the  Code  of  Public  Local  Laws,  title  "  City  of  Baltimore,"  as 
amended  by  the  act  of  1902,  chapter  611,  sub-title  "  Justices  of  the  Peace  and 
Constables,"  be  and  the  same  is  hereby  repealed  and  re-enacted  so  as  to  read  as 
follows  : 


REPORT  OF  THE  PROBATION  COMMISSION.  185 

§  623A.  In  addition  to  the  justices  of  the  peace  mentioned  in  section  623  of  this 
article  there  shall  be  appointed  by  the  Governor*,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  and  if  the  Senate  shall  not  be  in  session,  by  the  Governor,  from 
the  city  of  Baltimore  at  large,  an  additional  justice  of  the  peace  to  be  known  as  the 
Magistrate  for  Juvenile  Causes,  who  shall  be  a  member  of  the  bar  of  the  Supreme 
Bench  of  Baltimore  City,  and  shall  receive  from  the  Mayor  and  city  council  of 
Baltimore  city  a  salary  of  twenty-five  hundred  dollars  per  annum,  payable  monthly, 
and  the  jurisdiction  and  powers  of  such  justice  shall  be  as  follows:  (1)  He  shall 
possess  the  general  powers  of  a  police  justice  of  the  peace  or  justice  of  the  peace 
selected  to  sit  at  a  station  house  in  the  city  of  Baltimore,  as  the  same  are  now  or 
may  hereafter  be  defined  by  law.  (2)  He  shall  have  exclusive  jurisdiction  where 
juisdiction  is  given  by  law  to  any  justice  of  the  peace  in  Baltimore  city,  in  all  cases 
of  trial,  commitment  for  trial  or  commitment  to  any  juvenile  institution  of  any 
minor  under  the  age  of  sixteen  years,  and  such  magistrate  shall  sit  at  such  times 
as  may  be  necessary  for  the  proper  discharge  of  his  duties,  at  such  proper  place  in 
the  court  house  in  Baltimore  city,  as  may  be  provided  by  the  superintendent  of  public 
buildings.  (3)  He  is  empowered  to  appoint  a  suitable  person  to  act  as  his  clerk, 
who  shall  receive  from  the  Mayor  and  city  council  of  Baltimore  a  salary  of  seven 
hundred  and  fifty  dollars  per  annum,  payable  monthly,  and  shall  attend  at  such 
times  and  places  and  perform  such  duties  as  may  be  directed  by  said  justice,  and 
shall  be  removable  by  him  at  his  discretion.  Whenever  any  minor  is  arrested  he 
may  be  taken  to  such  place  other  than  a  station  house  as  may  be  designated  by 
said  justice  and  provided  by  the  superintendent  of  public  buildings  or  the  Mayor  and 
city  council  of  Baltimore,  but  in  the  absence  of  such  designation  such  minor  may 
be  held  at  a  station  house  as  heretofore,  until  brought  before  the  justice ;  and 
when  such  justice  shall  commit  any  minor  for  trial  or  for  hearing,  he  may  commit 
such  minor  to  a  suitable  juvenile  institution  or  other  suitable  prison  instead  of  the 
Baltimore  city  jail.  The  Board  of  Police  Commissioners  for  the  city  of  Baltimore 
shall  designate  two  or  more  members  of  the  police  force  to  attend  said  justice  and 
execute  his  powers  and  directions.  In  the  absence  of  such  justice  the  Governor  may 
designate  any  other  justice  of  the  peace  for  Baltimore  city  to  act  in  his  place. 

§  2.  And  be  it  enacted,  that  this  act  shall  take  effect  from  the  date  of  its 
passage. 

MASSACHUSETTS. 

Appointment  of  Visiting  Agent. 

Chapter  453,   June   23,   1869. 
AN  ACT  in  addition  to  an  act  to  establish  the  Board  of  State  Charities. 

Section  1.  The  Governor,  with  the  advice  and  consent  of  the  council,  shall  appoint 
an  agent  to  visit  all  children  maintained  wholly  or  in  part  by  the  commonwealth, 
or  who  have  been  indentured,  given  in  adoption  or  placed  in  the  charge  of  any 
family  or  person  by  the  authorities  of  any  state  institution,  or  under  any  provision 
of  this  act. 

He  shall  hold  his  office  for  one  year,  subject  to  removal  by  the  governor  and 
council,  and  shall  receive  an  annual  salary  of  twenty-five  hundred  dollars  ;  and,  with 
the  approval  of  the  Board  of  State  Charities,  he  may  employ  such  assistants  and 
incur  such  expenses  as  may  be  necessary  for  the  discharge  of  his  official  duties. 

§  2.  It  shall  be  his  duty  to  visit  the  children  aforesaid,  or  cause  them  to  be 
visited,  at  least  once  in  three  months,  to  inquire  into  their  treatment,  their  health 
and  their  associations,  and  especially  to  ascertain  whether  their  legal  rights  have 
been  invaded,  and  whether  all  contracts  or  stipulations  made  in  their  behalf  have 
been  duly  observed,  and  to  collect  such  other  information  respecting  them  as  the 
Board  of  State  Charities  may  direct ;  and,  for  this  purpose,  he  shall  have  the  right 
to  hold  private  interviews  with  the  children,  whenever  he  may  deem  it  advisable. 

§  3.  All  applications  to  take  any  of  the  children  above  specified,  by  indenture, 
adoption  or  any  other  method  fixed  by  law,  shall  be  referred  to  the  aforesaid  agent, 
who  shall  investigate  the  character  of  each  applicant,  and  the  expediency  of  so 
disposing  of  the  child  applied  for,  and  report  the  result  to  the  board  or  magistrate 
having  jurisdiction  over  the  .child,  and  no  such  child  shall  be  indentured  or  other- 
wise disposed  of  until  such  report  is  received ;  and  in  case  any  child  shall  be 
placed  in  a  home  which  the  said  agent  may  deem  unsuitable,  he  shall  forthwith  report 


186  REPORT  OP  THE  PROBATION  COMMISSION. 

the  facts  to  the  Board  of  State  Charities  for  their  action  thereon,  and  the  governor 
and  council  may  at  any  time  annul  any  indenture  by  which  such  child  may  be  held. 

§  4.  Whenever  application  is  made  for  the  commitment  of  any  child  to  any 
reformatory  maintained  by  the  commonwealth,  the  magistrate  before  whom  the  hear- 
ing is  to  be  held  shall  duly  notify  the  visiting  agent  of  the  time  and  place  of  the 
hearing,  by  written  notice  mailed  one  week  at  least  before  the  time  of  hearing,  and 
directed  to  said  agent  at  the  state  house,  and  the  agent  shall  attend  at  said 
hearing  in  person  or  by  deputy,  in  behalf  of  the  child ;  and  if  it  shall  appear  to  the 
said  magistrate  that  the  interests  of  the  child  will  be  promoted  by  placing  him  in  a 
suitable  family,  he  may,  instead  of  committing  him  to  a  reformatory,  authorize  the 
Board  of  State  Charities  to  indenture  the  child  during  the  whole  or  a  portion  of  his 
minority,  or  to  place  him  in  such  family.  And  the  Board  of  State  Charities  is  hereby 
authorized  to  provide  for  the  maintenance  of  any  child  placed  in  a  family  as  afore- 
said at  an  expense  not  exceeding  the  average  cost  of  the  support  of  such  child  in  any 
of  the  state  reformatories.  And  it  shall  be  the  duty  of  said  agent  to  seek  out 
families  willing  and  suitable  to  receive  such  children,  and  to  furnish  names  and 
places  of  residence  of  the  same  to  the  boards  or  magistrates  who  are  to  provide  for 
the  commitment  or  indenture  of  a  child  under  this  act :  provided,  that  the  provisions 
of  this  section  so  far  as  they  require  notice  to  the  visiting  agent  shall  not  apply  to 
the  superior  court. 

§  5.  The  visiting  agent  shall  make  a  monthly  report  to  the  Board  of  State 
Charities  of  all  his  proceedings,  especially  concerning  children  placed  in  families 
under  the  fourth  section  of  this  act,  and  any  person  aggrieved  by  his  action  shall 
have  the  right  of  appeal  to  the  board  or  magistrate  having  original  jurisdiction  of 
the  child. 

§  6.  The  duties  required  in  sections  three  and  four5  of  this  act  shall,  in  case  of  the 
Industrial  School  for  Girls,  be  performed  by  the  officers  of  that  institution  under  the 
supervision  of  the  Board  of  State  Charities. 

$  7.  The  secretary  of  the  Board  of  State  Charities  shall  receive  an  annual  salary 
of  three  thousand  dollars  from  the  first  day  of  January  of  the  present  year. 

§   8.   This   act  shall  take  effect  upon  its  passage. 

Visiting  Agent  of  Board  of  State  Charities. 

Chapter   359,   June   15,    1870. 

AN  ACT  relating  to  the  state  visiting  agency  and  juvenile  offenders. 

Section  1.  The  Governor,  with  the  advice  and  consent  of  the  council,  shall  appoint 
a  visiting  agent  of  the  Board  of  State  Charities,  who  shall  hold  his  office  for  three 
years,  unless  sooner  removed,  and  who  shall  receive  an  annual  salary  of  twenty- 
five  hundred  dollars,  and  may  employ  such  assistants  and  incur  such  expenses  as 
said  board  may  approve. 

§  2.  Said  agent  or  his  assistant  shall  as  often  as  once  a  year,  visit  by  himself  or 
an  assistant  all  children  maintained  wholly  or  in  part  by  the  State,  or  who  have 
been  indentured  or  placed  in  charge  of  a  person  by  any  State  institution,  board,  or 
officer  of  the  commonwealth,  or  under  any  provision  of  this  act.  He  shall  inquire 
into  the  conditions  of  such  children  and  make  such  other  investigations  in  relation 
thereto  as  said  Board  of  State  Charities  may  prescribe.  And  for  the  purpose  afore- 
said, said  agent  or  his  assistant  may  have  private  intreviews  with  such  children  at 
any  time. 

§  3.  When  said  agent  is  of  opinion  that  a  child  so  indentured  or  placed  in 
charge  of  a  person  cannot,  with  advantage  to  the  child,  be  longer  so  held,  he  shall 
report  the  facts  to  the  institution,  board,  or  officer,  by  which  such  child  was  indent- 
ured, and  said  institution,  board  or  officer  may  cancel  the  indenture  or  contract,  by 
giving  notice  as  provided  in  section  one,  chapter  three  hundred  and  two,  acts  of 
eighteen  hundred  and  sixty-nine,  and  return  such  child  to  the  institution  from  which 
indentured  or  taken ;  or,  upon  application  of  such  institution,  board  or  officer,  the 
Board  of  State  Charities  may  transfer  him  or  her  to  any  other  institution  main- 
tained by  the  commonwealth  for  the  support  of  reformation  of  children,  or  indenture 
him  or  her  to  some  other  person,  or  otherwise  provide  for  his  or  her  maintenance 
during  minority,  or  for  a  less  time.  The  cancellation  of  the  indenture  or  contract 
shall  not  operate  as  a  discharge  of  the  minor  under  any  sentence  or  order  of 
commitment. 


KEPORT  OF  THE  PROBATION  COMMISSION.  187 

§  4.  No  child  shall  be  indentured,  adopted  or  taken  in  charge  of  any  person  from 
a  State  institution  until  notice  of  an  application  therefor  has  been  given  to  said 
agent,  and  his  report,  in  writing,  made  after  investigation  into  the  propriety 
thereof,  is  filed  with  such  institution.  And  all  applications  for  the  release  or 
discharge  of  any  children  so  indentured  or  placed  in  charge  of  persons,  shall  be  given 
to  said  agent  for  his  report,  in  like  manner.  And  if  any  child  is  disposed  of  con- 
trary to  his  report  and  recommendation,  he  shall  report  all  the  facts  in  the  case 
to  the  Board  of  State  Charities  for  its  action. 

§  5.  Said  agent  shall  seek  out  suitable  persons  who  are  willing  to  adopt,  take 
charge  of,  educate  and  maintain  children  arrested  for  offenses,  commmitted  to  any 
state  institution,  abandoned  or  neglected,  and  to  give  notice  thereof  to  the  institu- 
tions, boards,  officers  or  persons  having  authority  so  to  dispose  of  said  children ;  and 
he  shall  from  time  to  time  make  report  to  said  Board  .of  State  Charities  of  his 
doings  under  this  act. 

§  6.  The  duties  of  said  agent  as  declared  in  section  two  of  this  act  in  relation 
to  girls  indentured,  adopted  or  taken  from  the  State  industrial  school  for  girls,  shall 
be  performed  by  a  person  or  persons  appointed  by  said  agent,  with  the  approval  of  the 
trustees  of  said  school  and  paid  out  of  the  appropriation  for  said  school. 

§  7.  When  a  boy  or  girl,  except  in  the  county  of  Suffolk,  is  brought  before  a  trial 
justice,  police  or  municipal  court,  on  complaint  for  any  offence*  not  punishable  by 
imprisonment  for  life,  except  for  an  offence  against  a  town  or  city  by-law  or  ordi- 
nance, and,  in  said  county  of  Suffolk,  is  so  brought  for  an  offense  first  described, 
but  not  now  within  the  final  jurisdiction  of  any  police  or  municipal  court  therein, 
and  it  appears  at  or  before  the  trial,  that  such  boy  or  girl  is  under  the  age  of 
sixteen  years,  the  justice  or  court  shall  make  an  endorsement  of  the  fact  upon  the 
original  warrant,  and  the  officer  who  served  said  warrant,  or  any  other  officer 
qualified  to  serve  the  same,  shall  take  said  boy  or  girl  with  said  warrant  and  the 
complaint  before  the  judge  of  the  probate  court,  who  shall  have  jurisdiction  thereof 
in  like  manner  as  if  originally  brought  before  him.  And  in  the  county  of 
Suffolk,  all  boys  and  girls  under  sixteen  years  of,  age,  complained  of  for  any 
offence  before  any  police  or  municipal  court,  shall  have  the  complaints  against 
them  heard  and  determined,  by  themselves,  separate  from  the  general  and  ordinary 
criminal  business  of  said  courts;  in  all  such  cases,  the  notice  provided  in  section 
eight  shall  be  given  to  the  visiting  agent,  and  they  may  be  disposed  by  the  judge 
of  said  court  in  the  manner  provided  in  section  ten,  if  deemed  expedient. 

§  8.  When  a  complaint  against  any  boy  or  girl  for  any  offence  is  made  or 
pending  before  a  judge  of  the  probate  court  or  a  commissioner,  notice  in  writing 
thereof  shall  be  given  to  said  agent,  who,  by  himself  or  an  assistant  shall  have  an 
opportunity  to  investigate  the  case,  attend  the  trial  and  protect  the  interests  of,  or 
otherwise  provide  for  such  child.  Said  notice  may  be  sent  by  mail  to  said  agent  or 
he  may  waive  the  same  or  the  service  thereof. 

§  9.  A  child  arrested  on  any  complaint  referred  to  in  the  preceding  sections 
may  be  held  or  committed  to  jail  by  the  officer  having  said  child  in  custody  until  the 
time  appointed  for  the  trial,  unless  admitted  to  bail  as  provided  in  section  thirty-six, 
chapter  one  hundred  and  seventy  of  the  General  Statutes,  and  the  judge  of  the 
probate  court,  as  well  as  the  magistrate  named  in  said  section,  may  admit  to  bail. 

§  10.  The  judge  of  the  probate  court  or  commissioner,  before  whom  a  child  is 
brought  on  any  complaint  aforesaid,  upon  request  of  said  agent  may  authorize  the 
Board  of  State  Charities  to  take  and  indenture,  or  place  in  charge  of  any  person 
or  in  the  State  Primary  School,  such  child  till  he  or  she  attains  the  age  of  twenty- 
one  years,  or  for  any  less  time.  And  the  said  board  may  provide  for  the  main- 
tenance of  any  such  child  so  indentured  or  placed  in  charge  of  a  person,  in  whole 
or  in  part,  at  a  cost  to  the  State  not  exceeding  the  average  cost  of  the  support  of 
children  at  the  State  primary  school. 

§  11.  When  a  boy  is  convicted  by  a  judge  of  the  probate  court  of  any  offense, 
unless  disposed  of  as  provided  in  section  ten,  he  may  be  sentenced  and  committed 
to  any  institution  established  by  authority  of  the  laws  of  the  commonwealth  for  the 
reformation  of  juvenile  offenders ;  or,  if  below  the  age  of  twelve  years,  to  the 
state  reform  school  ;  if  above  the  age  of  fourteen  years,  to  the  Massachusetts 
nautical  school ;  and  if  between  those  ages,  to  either  of  said  schools,  in  like  manner 
and  subject  to  the  same  provisions  of  law  as  now  apply  to  boys  committed  to  said 
schools  or  institutions  respectively,  or  in  the  discretion  of  the  judge,  to  such  other 
punishment  as  is  provided  for  the  offence. 


188  REPORT  OF  THE  PROBATION  COMMISSION. 

§  12.  When  a  girl  is  convicted  by  a  judge  of  the  probate  court  of  any  offence, 
unless  disposed  of  as  provided  in  section  ten,  she  may  be  sentenced  and  committed 
to  the  State  Industrial  School  for  Girls,  in  like  manner  and  subject  to  the  same 
provisions  of  law  as  now  apply  to  girls  committed  to  said  school,  or,  in  the  discretion 
of  the  judge,  to  such  other  punishment  as  is  provided  for  the  offence. 

§  13.  Judges  of  the  probate  court  may  receive  complaints,  issue  warrants  and  hear 
cases  against  juvenile  offenders  referred  to  in  this  act,  at  such  times  or  places,  in 
or  out  of  their  respective  counties  as  convenience  may  require.  And  any  judge  of  a 
probate  court  may  act  in  any  case  for  the  judge  of  any  other  county,  whether  absent 
or  not,  when  so  requested. 

§  14.  The  nautical  branch  of  the  State  Reform  School  shall  hereafter  be  called 
the  Massachusetts  Nautical  School,  and  its  trustees  shall  have  and  exercise  the 
same  rights  to  indenture  boys  committed  to  it  as  are  vested  in  the  trustees  of  the 
State  Reform  School. 

§  15.  This  act  shall  not  prevent  the  Board  of  State  Charities  from  disposing  of  any 
cases  under  the  laws  of  pauper  settlement,  or  the  removal  from  the  State  of  persons 
chargeable  elsewhere. 

§  16.  Section  nine  of  .chapter  seventy-five,  and  section  twenty-one  of  chapter 
seventy-six  of  the  General  Statutes,  except  as  to  said  county  of  Suffolk,  and  so 
much  of  chapter  four  hundred  and  fifty-three  of  the  acts  of  eighteen  hundred  and 
sixty-nine  as  is  inconsistent  with  the  provisions  of  this  act  are  hereby  repealed, 
saving  all  acts  done  and  all  proceedings  commenced  under  the  same. 

§   17.  This  act  shall  take  effect  upon  its  passage. 


Probation  Officers  in  Suffolk  County  (Boston). 

Chapter  198,  April  26,   1878. 

AN   ACT   relative   to   placing   on   probation   persons    accused   or   convicted    of   crimes 
and  misdemeanors  in  the  comity  of  Suffolk. 

Section  1.  The  mayor  of  the  city  of  Boston  shall  appoint,  annually  in  the  month 
of  May  arid  whenever  a  vacancy  occurs,  either  from  the  police  force  of  said  city  or 
from  the  citizens  at  large,  a  suitable  person  whose  duty  it  shall  be  to  attend  the 
sessions  of  the  courts  of  criminal  jurisdiction  held  within  the  county  of  Suffolk,  to 
investigate  the  cases  of  persons  charged  with  or  convicted  of  crimes  and  misde- 
meanors, and  to  recommend  to  such  courts  the  placing  on  probation  of  such  persons 
as  may  reasonably  be  expected  to  be  reformed  without  punishment.  If  such  officer 
shall  be  appointed  from  the  citizens  at  large  his  appointment  shall  be  subject  to  the 
confirmation  of  the  board  of  aldermen,  and  he  shall  receive  such  compensation,  to 
be  paid  from  the  treasury  of  the  county  of  Suffolk,  as  the  city  council  may 
determine.  Such  officer  shall  be  under  the  general  control  of  the  chief  of  police  of 
said  city  and  be  allowed  a  place  in  his  office.  He  shall  make  reports  as  often  at 
least  as  once  in  every  three  months,  to  said  chief  of  police  of  the  duties  performed 
under  this  act  together  with  the  names  of  all  persons  placed  on  probation,  their 
residences,  and  the  nature  of  their  offences.  In  cases  where  it  shall  be  deemed 
advisable  by  such  officer  that  such  person  shall  be  sent  beyond  the  limits  of  the 
commonwealth  at  the  expense  of  said  city,  the  city  council  shall  have  authority  to 
appropriate  such  sum  as  may  be  necessary  therefor,  and  said  sum  may  be  expended 
by  said  officer  under  the  direction  of  the  chief  of  police,  and  an  account  of  said 
expenditures  with  the  items  thereof  shall  be  rendered  in  said  reports.  It  shall  be  the 
further  duty  of  such  officer  so  far  as  the  same  is  practicable,  to  visit  the  offenders 
placed  on  probation  by  the  court  at  his  suggestion,  and  render  such  assistance  and 
encouragement  as  will  tend  to  prevent  their  again  offending.  Any  person  placed  on 
probation  upon  the  recommendation  of  such  officer  may  be  re-arrested  by  him  upon 
approval  of  the  chief  of  police,  without  further  warrant,  and  again  brought  before 
the  court ;  and  the  court  may  thereupon  proceed  to  sentence  or  make  such 
other  disposition  of  the  case  #s  may  be  authorized  by  law.  Such  officer  may  at  any 
time  be  removed  from  office  by  the  mayor. 

§  2.  Nothing  herein  contained  shall  authorize  such  officer  to  interfere  with  any 
of  the  duties  required  of  the  visiting  agent  of  the  Board  of  State  Charities  under  the 
laws  of  this  commonwealth  relating  to  juvenile  offenders. 

§   3.  This  act  shall  take  effect  upon  its  passage. 


REPORT  OF  THE  PROBATION  COMMISSION.  189 

Appointment  of  Probation  Officers. 

Chapter  129,  March  22,   1880. 
AN  ACT  to  provide  for  the  appointment  of  probation  officers. 

Section  1.  The  aldermen  of  any  city,  except  the  city  of  Boston,  or  the  selectmen  of 
any  town,  may  establish  the  office  of  probation  officer,  and  may  fix  the  salary  of 
such  officer.  The  mayor  of  any  city  or  the  selectmen  of  any  town  in  which  such 
office  has  been  established  may  appoint  such  officer :  provided,  that  the  appointment 
made  by  the  mayor  of  any  city  shall  be  subject  to  the  confirmation  of  the  aldermen 
of  said  city.  Such  officer,  when  duly  appointed,  shall  hold  his  office  until  removed 
by  the  board  appointing  or  confirming  him,  and  shall  have  in  the  execution  of  the 
duties  of  his  office  all  the  powers  of  public  officers.  The  person  appointed  to  this 
office  may  be  a  member  of  the  police  force  of  the  city  or  town  in  which  he  is 
appointed. 

§  2.  The  clerk  of  each  city  or  town  which  shall  appoint  a  probation  officer  under 
this  act,  shall  immmediately  after  such  appointment  notify  the  commissioners  of 
prisons  of  the  same.  Every  such  officer  shall  make  a  monthly  return  to  said  commis- 
sioners, showing  the  name,  age,  sex,  and  offence  of  each  person  placed  upon  proba- 
tion upon  his  recommendation,  with  such  other  particulars  as  they  may  require,  and 
the  result  in  each  case  when  it  shall  be  completed. 

§  3.  It  shall  be  the  duty  of  such  officer  to  carefully  inquire  into  the  character  and 
offence  of  every  person  arrested  for  crime  in  the  city  or  town  for  which  he  acts, 
with  a  view  to  ascertaining  whether  the  accused  may  reasonably  be  expected  to 
reform  without  punishment.  He  shall  keep  a  full  record  of  the  results  of  his 
investigation. 

§  4.  If  upon  investigation  such  officer  is  satisfied  that  the  best  interests  of  the 
public  and  of  the  accused  would  be  subserved  by  placing  him  upon  probation,  he 
shall  recommend  the  same  to  the  court  trying  the  case,  and  the  court  may  permit 
the  accused  to  be  placed  upon  probation,  upon  such  terms  as  it  may  deem  best,  hav- 
ing regard  to  the  reformation  of  the  accused. 

§  5.  The  person  thus  released  shall  be  furnished  with  a  written  statement  of  the 
terms  of  his  probation,  and  the  probation  officer  shall  keep  a  record  of  the  same, 
and  of  his  conduct  during  said  probation.  All  the  records  kept  by  said  probation 
officer  shall  at  all  times  be  open  to  the  chief  of  police  or  city  marshal  of  the  city  or 
town  in  which  he  is  appointed. 

§  6.  Any  probation  officer,  including  any  person  appointed  an  officer  under  the 
provisions  of  chapter  one  hundred  and  ninety-eight  of  the  acts  of  the  year  eighteen 
hundred  and  seventy-eight,  may,  with  the  .consent  of  the  county  commissioners  of  the 
county  in  which  he  is  appointed,  or  by  their  request,  investigate  the  case  of  any 
person  imprisoned  in  any  jail  or  house  of  correction  for  an  offence  other  than  a 
felony,  upon  sentence  of  not  more  than  six  months,  or  upon  a  longer  sentence,  of 
which  not  more  than  six  months  remain  unexpired,  with  a  view  to  ascertaining  the 
probability  of  the  reformation  of  such  person  if  released  from  imprisonment.  If 
after  such  investigation  the  probation  officer  shall  recommend  the  release  of  the 
prisoner,  and  the  court  which  imposed  the  sentence  (or  in  case  of  the  superior  court, 
the  district  attorney),  shall  cerify  concurrence  in  such  recommendation,  the  county 
commissioners  may  if  they  deem  it  expedient  release  him  upon  probation,  upon  such 
conditions  as  they  deem  best,  and  they  may  require  bonds  for  the  fulfilment  of  said 
conditions.  The  surety  upon  any  such  bond  shall  have  authority  and  right  at  any 
time  to  take  and  surrender  his  principal  to  the  prison  whence  he  was  released.  Noth- 
ing in  this  act  shall  apply  to  cases  of  persons  held  upon  sentence  of  the  courts  of  the 
United  States. 

§  7.  The  county  commissioners  shall  have  the  right  to  order  any  prisoner,  re- 
leased by  them  on  probation,  to  return  to  the  prison  from  which  he  was  released, 
and  upon  their  request,  verbal  or  in  writing,  any  court  having  jurisdiction  in 
criminal  offences  shall  issue  a  warrant  for  his  arrest  and  shall  remand  him  to  the 
prison  from  which  he  was  released. 

§  8.  No  person  shall  be  discharged  from  any  prison  or  workhouse  by  the  county 
commissioners  of  any  county,  under  the  provisions  of  chapter  one  hundred  and 
eighty-nine  of  the  acts  of  the  year  one  thousand  eight  hundred  and  sixty-two, 
except  upon  condition  that  if  he  shall  at  any  time  thereafter  be  convicted  of  any 
crime  he  shall  serve  the  remainder  of  his  original  sentence,  in  addition  to  the 


190  REPORT  OF  THE  PROBATION  COMMISSION. 

sentence  imposed  for  said  crime.  The  county  commissioners  shall  hereafter  have  the 
same  authority  to  release  persons  imprisoned  for  drunkenness  that  they  now  have  to 
release  persons  imprisoned  for  being  common  drunkards. 

§  9.  The  county  commissioners  may  furnish  any  prisoner  released  from  prison  on 
probation  with  such  sum  of  money  as  in  their  judgment  can  be  wisely  used  to 
promote  his  reformation,  or  they  may  pay  the  same  to  any  probation  officer  to  be  used 
for  such  prisoner. 

§  10.  If  any  prisoner  released  from  a  jail  or  house  of  correction  upon  probation 
shall  be  returned  thereto  for  a  violation  of  the  conditions  of  the  same,  he  shall  be 
detained  according  to  the  terms  of  his  original  sentence ;  and  in  computing  the 
period  of  his  confinement,  the  time  between  his  release  upon  probation  and  his 
return  to  the  prison  shall  not  be  taken  to  be  any  part  of  the  term  of  the  sentence. 

§  11.  It  shall  also  be  the  special  duty  of  each  probation  officer  to  inform  the 
court,  so  far  as  is  possible,  whether  a  person  on  trial  has  previously  been  convicted 
of  any  crime. 

§  12.  Nothing  herein  .contained  shall  authorize  such  officer  to  interfere  with  any 
of  the  duties  required  of  the  visiting  officer  of  the  Board  of  Health,  Lunacy  and 
Charity,  under  the  laws  of  this  commonwealth  relating  to  juvenile  offenders. 

Appointment  of  Probation  Officers  in  Cities  and  Towns. 

Chapter  356,   May  28,  1891. 
AN  ACT  to  provide  for  the  appointment  of   probation  officers. 

Section  1.  The  justice  of  each  municipal,  police  or  district  court  shall  appoint  one 
person  to  perform  the  duties  of  probation  officer,  as  hereinafter  named,  under  the 
jurisdiction  of  said  court.  The  appointment  of  such  officer  for  the  municipal  court 
of  the  city  of  Boston  shall  be  made  by  the  chief  justice  of  said  court,  who  may 
appoint  as  many  assistants,  not  exceeding  three,  to  said  probation  officer  as  are 
needed  to  carry  out  the  purposes  of  this  act.  Each  probation  officer  appointed  as 
herein  provided  shall  hold  his  office  during  the  pleasure  of  the  court  making  the 
appointment. 

§  2.  Said  probation  officers  shall  not  be  active  members  of  the  regular  police 
force,  but  shall  in  the  execution  of  their  official  duties  have  all  the  powers  of  police 
officers.  The  records  of  any  of  said  probation  officers  may  at  all  times  be  inspected 
by  the  chief  of  police  or  city  marshal  of  any  city  or  town,  or  by  the  board  of  police 
of  the  city  of  Boston. 

§  3.  Each  probation  officer  shall  inquire  into  the  nature  of  every  criminal  case 
brought  before  the  court  under  whose  jurisdiction  he  acts,  and  may  recommend  that 
any  person  convicted  by  said  court  be  placed  upon  probation ;  the  court  may  place 
the  person  so  convicted  in  the  care  of  said  probation  officer  for  such  time  and  upon 
such  conditions  as  may  seem  proper. 

§  4.  Each  person  released  upon  probation  as  aforesaid  shall  be  furnished  by  the 
probation  officer  with  a  written  statement  of  the  terms  and  conditions  of  his  release ; 
each  probation  officer  shall  keep  full  records  of  all  cases  investigated  by  him,  and  of 
all  cases  placed  in  his  care  by  the  court,  and  of  any  other  duties  performed  by 
him  under  this  act. 

§  5.  The  clerk  of  each  municipal,  police  or  district  .court,  or  the  justice  thereof 
if  there  is  no  clerk,  shall,  when  an  appointment  is  made  under  this  act,  forthwith 
notify  the  commissioners  of  prisons  of  the  name  of  the  officer  so  appointed.  Each 
probation  officer  shall  make  a  monthly  report  to  the  commissioners  of  prisons  in  such 
form  as  said  commissioners  shall  direct. 

§  6.  The  compensation  of  each  probation  officer  shall  be  determined  by  the 
justice  of  the  court  under  whose  jurisdiction  he  acts,  subject  to  the  approval  of  the 
county  commissioners  of  the  county  in  which  the  court  is  located,  and  shall  be  paid 
from  the  treasury  of  the  county,  upon  vouchers  approved  by  said  justice  and  the 
county  .commissioners,  or,  in  the  county  of  Suffolk,  the  commissioners  of  public 
institutions. 

§  7.  A  probation  officer  may,  at  the  request  of  any  justice  of  the  superior  court, 
Investigate  the  case  of  any  person  on  trial  in  that  court  and  make  a  report  upon  the 
same  to  said  justice,  and  may  upon  the  order  of  the  court  take  on  probation  any 
person  convicted  in  said  court ;  the  compensation  for  such  services  shall  be  paid  from 
the  treasury  of  the  commonwealth  upon  vouchers  approved  by  said  justice.  The 


REPORT  OP  THE  PROBATION  COMMISSION.  191 

officers  appointed^under  this  act  may  also  perform  the  services  of  probation  officers 
named  in  section  sixty-nine  of  chapter  two  hundred  and  twenty  of  the  Public  Statutes, 
and  for  said  services  may  receive  such  compensation  as  the  county  commissioners 
or  the  commissioners  of  public  institutions,  as  the  case  may  be,  shall  approve. 

§  8.  Any  officer  who  refuses  or  neglects  to  make  returns  or  to  perform  any  of  the 
duties  required  of  him  by  this  act  shall  forfeit  two  hundred  dollars  to  the  use  of 
the  commonwealth. 

§  9.  Nothing  in  this  act  shall  be  so  construed  as  to  interfere  with  any  of  the 
duties  required  of  the  board  of  lunacy  and  charity  under  the  provisions  of  the 
statutes  relating  to  juvenile  offenders. 

§  10.  Sections  seventy-four,  seventy-five,  seventy-six,  seventy-seven  and  seventy- 
eight  of  chapter  two  hundred  and  twelve  of  the  Public  Statutes,  chapter  one  hundred 
and  twenty-five  of  the  acts  of  the  year  eighteen  hundred  and  eighty- two,  and  all  acts 
or  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed. 

§  11.  This  act  shall  take  effect  upon  the  first  day  of  July  in  the  year  eighteen 
hundred  and  ninety-one. 

Probation  Officers  in  Superior  Court. 
Chapter  511,  June  8,  1898. 

AN  ACT  to  provide  for  the  appointment  of  probation  officers  in  the  superior  court. 

Section  1.  The  superior  court  may  appoint  probation  officers,  who  shall  have  the 
same  powers  and  perform  the  same  duties  in  any  part  of  the  commonwealth  for  the 
superior  court  as  the  probation  officers  now  have  or  perform  when  appointed  under 
the  provisions  of  chapter  three  hundred  and  fifty-six  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-one ;  and  the  superior  court  may  place  upon  probation,  under  any 
of  said  probation  officers,  any  person  charged  with  a  criminal  offence  before  it, 
and  it  may  direct  them  to  act  in  any  part  of  the  commonwealth,  and  to  report  to  the 
court ;  and  said  court  may  remove  said  probation  officers  at  any  time. 

§  2.  The  salary  of  each  probation  officer  appointed  under  this  act  shall  be  deter- 
mined by  the  superior  .court,  and  shall  be  apportioned  by  the  court  from  time  to  time 
between  the  counties  wherein  said  officer  performs  his  services.  The  reasonable 
expense  incurred  by  each  such  officer  in  the  performance  of  his  duties  shall  be 
approved  and  apportioned  by  the  superior  court,  and  when  so  approved  shall  be  paid 
by  the  county  to  which  they  are  thus  apportioned. 

§  3.  The  clerks  of  the  superior  court  for  the  several  counties  shall  notify  the 
commissioners  of  prisons  of  all  appointments  and  removals  made  under  this  act. 

§   4.  This  act  shall  take  effect  upon  its  passage. 

Probation  Service. 

Chapter  449,   July  10,   1900. 
AN  ACT   relative   to   the   probation   service. 

Section  1.  When  a  person  is  placed  on  probation  by  any  municipal,  police,  or 
district  court,  under  the  provisions  of  chapter  three  hundred  and  fifty-six  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-one,  and  of  any  acts  in  amendment 
thereof,  sentence  may  first  be  imposed  upon  him.  The  court  may  direct  that  the 
execution  of  the  sentence  be  suspended  for  such  time  and  on  such  terms  and  condi- 
tions as  it  shall  fix,  and  may  place  such  person  on  probation  in  the  custody  of  the 
probation  officer  of  said  court,  during  such  suspension.  If  the  sentence  is  to  pay 
a  fine  and  to  stand  committed  until  the  same  is  paid  the  fine  may  be  paid  to 
said  probation  officer  at  any  time  during  the  period  of  probation,  whereupon  the 
order  of  commitment  shall  be  void.  Said  officer  shall  give  a  receipt  for  every  nne 
so  paid,  shall  keep  a  record  of  the  same,  shall  pay  the  fine  to  the  clerk  of  the 
court  at  its  next  session,  and  shall  keep  on  file  the  clerk's  receipt  therefor. 

§  2.  At  any  time  prior  to  the  final  disposition  of  the  case  of  any  person  placed 
on  probation  in  the  custody  of  a  probation  officer  said  officer  may  arrest  him  without 
a  warrant  or  other  process  and  bring  him  before  the  court,  or  the  court  may  issue 
a  warrant  directing  that  he  be  arrested  and  brought  before  it.  When  such  person  is 
brought  before  such  police,  municipal  or  district  court  the  court  may  revoke  the 
suspension  of  the  execution  of  his  sentence,  whereupon  his  sentence  shall  be  in  full 
force  and  effect,  or  the  court  may  .continue  the  suspension. 


192  REPORT  OF  THE  PROBATION  COMMISSION. 

§  3.  The  probation  officer  of  such  municipal,  police  and  district  courts  as  the 
commissioners  of  prisons  from  time  to  time,  shall  designate,  shall  give  to  said  com- 
missioners such  information  as  they  shall  request  regarding  their  work,  and  shall 
report  to  said  commissioners,  on  blanks  or  forms  furnished  by  them,  such  facts  as 
they  shall  ask  for  regarding  all  cases  brought  before  said  courts  and  investigated 
by  said  officers,  and  regarding  all  cases  of  persons  placed  upon  probation  in  their 
custody.  Said  commissioners  shall  keep  a  record  of  all  cases  reported  to  them,  in 
the  form  most  convenient  for  reference.  • 

§  4.  When  in  the  opinion  of  such  probation  officer  any  person  arrested  within 
the  jurisdiction  of  this  court  resides  within  the  jurisdiction  of  another  court  he  shall 
at  once  apply  to  said  commissioners  for  information  regarding  such  person ;  and  said 
commissioners  shall  at  once  give  the  inquiring  probation  officer  all  information  they 
may  have  or  can  obtain  through  other  probation  officers  or  police  officials.  They  shall 
send  to  the  probation  officer  of  the  court  within  the  jurisdiction  of  which  such 
person  resides  such  information  as  they  may  receive  regarding  the  disposition  of 
such  case.  It  shall  be  the  duty  of  the  police  of  the  several  cities  and  towns  to 
co-operate  with  said  probation  officers,  and  with  said  commissioners,  in  obtaining 
information,  and  said  probation  officers  shall  assist  each  other  and  said  commissioners 
in  their  several  duties.  Said  commissioners  shall  give  to  the  board  of  police  for  the 
city  of  Boston,  and  to  all  chiefs  of  police  and  city  marshals,  all  information  the 
commissioners  may  have  in  any  case  regarding  which  said  police  officials  shall 
inquire. 

§  5.  It  shall  be  the  duty  of  said  commissioners,  from  time  to  time,  to  confer  with 
the  justices  of  the  several  courts  for  the  purpose  of  securing  an  improvement  of  the 
probation  service,  greater  uniformity  in  the  administration  of  the  duties  of  pro- 
bation officers,  and  a  better  co-ordination  of  their  work.  They  shall  also  confer  with 
the  probation  officers  of  said  courts,  and  shall  give  said  officers  such  assistance  as 
will  promote  the  best  interests  of  the  service. 

§  6.  Whenever  in  the  opinion  of  said  commissioners  a  conference  of  any  or  all 
of  the  probation  officers  and  assistant  probation  officers  will  secure  their  better  co- 
operation with  each  other  and  will  promoter  the  efficiency  of  their  work,  said  com- 
missioners shall  cause  such  conference  to  be  held,  and  one  of  said  commissioners 
shall  preside  over  the  same.  The  reasonable  traveling  expenses  of  said  officers  in 
attending  such  conferences  shall  be  paid  as  their  other  expenses  are  paid. 

§  7.  During  the  month  of  November  of  each  year  said  commissioners  shall  make 
a  report  to  the  governor  on  the  operation  of  the  probation  system  and  its  results, 
together  with  recommendations  for. the  improvement  of  the  service. 

§  8.  Said  commissioners  shall  be  furnished  with  such  additional  office  accommo- 
dations as  they  shall  need ;  shall  be  provided  with  all  necessary  facilities  for  carry- 
ing on  the  work  required  of  them  by  this  act,  and  may  employ  such  assistance  as 
the  governor  and  council  from  time  to  time  shall  authorize. 

§   9.  This  act  shall  take  effect  on  the  first  day  of  October  of  the  current  year. 

Release  of  Prisoners  on  Probation. 

Chapter  227,   March  27,    1902. 

AN  ACT   relative  to   the   release   01   prisoners  upon   probation. 

Section  1.  Section  one  hundred  and  twenty-one  of  chapter  two  hundred  and  twenty- 
five  of  the  Revised  Laws  is  hereby  amended  by  striking  out  the  words  "  for  a  mis- 
demeanor "  in  the  fourth  and  fifth  lines — so  as  to  read  as  follows  : — Section  121.  A 
probation  officer  may,  with  the  consent  of  the  county  commissioners,  or,  in  the 
county  of  Suffolk,  of  the  penal  institutions  commissioner  of  the  city  of  Boston, 
investigate  the  case  of  any  person  who  is  imprisoned  in  a  jail  or  house  of  correc- 
tion upon  a  sentence  of  not  more  than  six  months,  or  upon  a  longer  sentence  of  which 
not  more  than  six  months  remain  unexpired,  for  the  purpose  of  ascertaining  the 
probability  of  his  reformation  if  released  from  imprisonment.  If,  after  such  investi- 
gation, he  recommends  the  release  of  the  prisoner,  and  the  court  which  imposed  the 
sentence,  or,  if  the  sentence  was  imposed  by  the  superior  court,  the  district  attorney, 
certifies  a  concurrence  in  such  recommendation,  the  county  commissioners  or  the 
penal  institutions  commissioner  may,  if  they  consider  it  expedient,  release  him  upon 
probation,  upon  such  terms  and  conditions  as  they  may  prescribe  and  may  require 
a  bond  for  the  fulfilment  of  such  conditions.  The  surety  upon  any  such  bond  may 


KEPORT  OF  THE  PROBATION  COMMISSION.  193 

at  any  time  take  and  surrender  his  principal,  and  the  .county  commissioner  or  the 
penal  institutions  commissioner  may  at  any  time  order  any  prisoner  released  by  them 
upon  probation  to  return  to  the  prison  from  which  he  was  released.  The  provisions 
of  this  section  shall  not  apply  to  persons  held  upon  sentence  of  the  courts  of  the 
United  States. 

§   2.   This  act  shall  take  effect  upon  its  passage. 

Release  of  Prisoner  on  Probation. 

Chapter   452,  June  22,   1903. 
AN  ACT  relative  to  prisoners  released  on  probation  or  on  permit. 

Section  1.  Section  one  hundred  and  twenty-nine  of  chapter  two  hundred  and 
twenty-five  of  the  Revised  Laws  is  hereby  amended  by  striking  out  the  whole  of  said 
section  and  inserting  in  place  thereof  the  following  : — Section  129.  The  prison  com- 
missioners, the  State  Board  of  Charity,  the  county  commissioners,  the  directors  of  a 
workhouse,  or,  in  the  county  of  Suffolk,  the  penal  institutions  commissioner  of  the 
city  of  Boston,  if  a  permit  to  be  at  liberty  issued  by  them,  respectively,  to  a  prisoner 
under  the  provisions  of  sections  one  hundred  and  thirteen  to  one  hundred  and  fifteen, 
inclusive,  and  one  hundred  and  seventeen  to  one  hundred  and  twenty,  inclusive,  has 
become  void  or  has  been  revoked,  or  if  a  prisoner  on  probation  under  section  one  hun- 
dred and  twenty-one  has  been  ordered  to  return  to  the  prison  from  which  he  was 
released,  may  issue  an  order  authorizing  -the  arrest  of  the  holder  of  such  permit  or 
of  such  prisoner  on  probation,  by  any  officer  qualified  to  serve  civil  or  criminal 
process  in  any  county,  and  the  return  of  such  holder,  or  of  such  prisoner  on  probation, 
to  the  prison  from  which  he  was  released.  The  governor,  if  a  permit  to  be  at  liberty 
issued  to  an  habitual  criminal  under  the  provisions  of  section  one  hundred  and  six- 
teen has  become  void  or  has  been  revoked,  shall  issue  his  warrant  authorizing  the 
arrest  of  the  holder  thereof  by  any  officer  qualified  to  serve  criminal  process,  and  his 
return  to  state  prison.  A  prisoner  who  has  been  so  returned  to  his  place  of  con- 
finement shall  be  detained  therein  according  to  the  terms  of  his  original  sentence.  In 
computing  the  period  of  his  confinement  the  time  between  his  release  upon  a 
permit,  or  on  probation,  and  his  return  to  prison,  shall  not  be  considered  as  any  part 
of  the  term  of  his  original  sentence.  If  at  the  time  of  the  order  to  return  to  prison 
or  of  the  revocation  of  his  permit  he  is  confined  to  any  prison,  service  of  such  order 
shall  not  be  made  until  his  release  therefrom. 

§   2.  This   act  shall  take  effect  upon  its  passage. 

Support  of  Wife  and  Children  by  Probationer. 

Chapter  307,  April  20,   1905. 

AN   ACT   relative  to  the   support  of   wives   and  minor  children   by  persons   placed  on 

probation. 

Section  1.  Section  forty-five  of  chapter  two  hundred  and  twelve  of  the  Revised 
Laws  is  hereby  amended  by  adding  at  the  end  thereof  the  following  : — If  a  person 
punishable  under  the  provisions  of  this  section  is  placed  on  probation,  the  court 
may  require,  as  a  condition  thereof,  that  from  time  to  time  he  shall  pay  to  his  wife 
for  her  support  and  for  the  support  of  his  minor  child  such  reasonable  sum  as  the 
court  shall  direct,  or  that  he  shall  pay  the  same  to  the  probation  officer  of  said 
court,  or  to  such  other  person  as  the  court  shall  designate,  for  the  support  of  the 
wife  or  child.  The  court  may  from  time  to  time  modify  and  change  its  decrees  as 
the  interests  of  justice  require;  and  the  court  may,  in  its  discretion,  also  require 
such  person  to  give  a  bond,  with  sufficient  sureties,  payable  to  the  justice  thereof,  and 
to  his  successors,  that  he  will  make  the  said  payments.  The  bond  shall  be  for  an 
amount  not  exceeding  two  hundred  dollars,  and  the  court  may,  in  its  discretion, 
release  such  person  upon  its  own  recognizance  in  a  sum  not  exceeding  two  hundred 
dollars,  whenever  the  interests  of  justice  so  require.  Suit  may  be  brought  upon  the 
bond  by  any  person  authorized  thereto  by  the  court,  and  the  proceeds  of  the  suit 
shall  be  applied  to  the  support  of  the  wife  or  child  as  aforesaid — so  as  to  read  as 
follows  : — Section  45.  Whoever  unreasonably  neglects  to  provide  for  the  support  of 
his  wife  and  minor  child  shall  be  punished  by  a  fine  of  not  more  than  twenty  dollars 
or  by  imprisonment  for  not  more  than  six  months.  All  fines  Imposed  under  the 

13 


194  REPORT  OF  THE  PROBATION  COMMISSION. 

provisions  of  this  section  may,  in  the  discretion  of  the  court,  be  paid  in  whole  or  in 
part  to  the  city,  town,  corporation,  society  or  person  actually  supporting  such  wife  or 
minor  .child  at  the  time  of  making  the  complaint.  Proof  of  neglect  to  provide  for 
the  support  of  a  wife  or  minor  child  as  aforesaid  shall  be  prima  facie  evidence  that 
such  neglect  is  unreasonable.  If  a  person  punishable  under  the  provisions  of  this 
section  is  placed  on  probation,  the  court  may  require,  as  a  condition  thereof,  that 
from  time  to  time  he  shall  pay  to  his  wife  for  her  support  and  for  the  support  of  his 
minor  child  such  reasonable  sum  as  the  court  shall  direct,  or  that  he  shall  pay  the 
same  to  the  probation  officer  of  said  court,  or  to  such  other  person  as  the  court 
shall  designate,  for  the  support  of  the  wife  or  .child.  The  court  may  from  time  to 
time  modify  and  change  its  decrees  as  the  interests  of  justice  require ;  and  the 
court  may,  in  its  discretion,  also  require  such  person  to  give  a  bond,  with  sufficient 
sureties,  payable  to  the  justice  thereof,  .and  to  his  successors,  that  he  will  make  the 
said  payments.  The  bond  shall  be  for  an  amount  not  exceeding  two  hundred  dollars, 
and  the  court  may,  in  its  discretion,  release  such  person  upon  his  own  recognizance 
in  a  sum  not  exceeding  two  hundred  dollars,  whenever  the  interests  of  justice  so 
require.  Suit  may  be  brought  upon  the  bond  by  any  person  authorized  thereto  by 
the  court,  and  the  proceeds  of  the  suit  shall  be  applied  to  the  support  of  the  wife 
or  child  as  aforesaid. 

§  2.  This  act  shall  take  effect  on  the  first  day  of  July  in  the  year  nineteen 
hundred  and  five. 

Duties  of  Probationer. 

Chapter   338,  April   26,    1905. 
AN  ACT  to  authorize  the  suspension  of  sentence  by  the   courts  in   certain   instances. 

Section  1.  Chapter  two  hundred  and  twenty  of  the  Revised  Laws  is  hereby  amended 
by  striking  out  section  one  and  inserting  in  place  thereof  the  following  : — Section  1. 
When  a  person  convicted  before  a  municipal,  police  or  district  court  is  sentenced  to 
imprisonment,  or  to  pay  a  fine  and  to  stand  committed  until  the  same  is  paid,  the 
court  may  direct  that  the  execution  of  said  sentence  be  suspended,  and  that  he  be 
placed  on  probation  for  such  time  and  on  such  terms  and  conditions  as  it  shall  fix. 
In  case  the  sentence  is  to  pay  a  fine  not  exceeding  ten  dollars,  and  to  stand  committed 
until  the  same  is  paid,  if  the  court  finds  that  the  defendant  is  unable  to  pay  the 
fine  when  it  is  imposed,  and  will  not  probably  default,  and  that  it  will  not  be 
detrimental  to  the  interests  of  the  public,  the  execution  of  the  sentence  shall  be  so 
suspended  and  he  shall  be  placed  on  probation.  When  the  execution  of  a  sentence  to 
pay  a  fine  has  been  suspended  as  aforesaid,  one  of  the  conditions  of  the  probation 
shall  be  that  the  fine  shall  be  paid  during  the  period  of  probation.  Said  fine  shall 
be  paid  to  the  probation  officer,  whereupon  the  order  of  commitment  shall  be  void. 
The  probation  officer  shall  give  a  receipt  for  every  fine  so  paid,  shall  keep  a  record  of 
the  same,  shall  pay  the  fine  to  the  clerk  of  the  court  at  its  next  session,  and  shall 
keep  on  file  the  clerk's  receipt  therefor.  If  at  the  end  of  said  period  the  probation 
officer  shall  report  to  the  court  that  the  fine  is  unpaid,  and  that  in  his  opinion  the 
person  is  unable  to  pay  the  same,  the  court  may  either  extend  said  period,  place  the 
case  on  file  or  revoke  the  suspension  of  the  execution  of  sentence. 

§  2.  This  act  shall  take  effect  on  the  first  day  of  July  in  the  year  nineteen 
hundred  and  five. 

Release  on  Probation  of  Persons  Arrested  for  Drunkenness. 

Chapter  384,  May  8,  1905. 
AN  ACT  relative  to  the  release  of  persons  crrested  for  drunkenness. 

Section  1.  Chapter  two  hundred  and  twelve  of  the  Revised  Laws  is  hereby  amended 
by  striking  out  section  thirty-seven  and  inserting  in  place  thereof  the  following : — 
Section  37.  Whoever  arrests  a  person  for  drunkenness  shall  make  a  complaint  against 
him  therefor  at  the  next  session  of  the  court  or  of  the  trial  justice  having  jurisdiction 
of  the  case ;  and  such  court  or  trial  justice  may  proceed  to  hear  and  to  dispose  of 
the  same  according  to  due  course  of  law;  and  may,  if  the  accused  has  been  released 
under  the  provisions  of  this  section,  order  the  issuance  of  a  warrant  for  the  arrest, 


REPORT  OP  THE  PROBATION  COMMISSION.  195 

or  a  summons  for  the  appearance,  of  the  accused  for  trial,  or  if  the  court  is 
satisfied  by  the  report  of  its  probation  officer,  or  otherwise,  or  if  the  trial  justice 
is  satisfied  upon  inquiry  that  the  accused  has  not  twice  before  been  arrested  for 
drunkenness  within  a  year,  and  that  his  statement  in  writing  hereinafter  mentioned 
is  true,  the  court  or  trial  justice  may  thereupon  direct  that  the  accused,  if  still  in 
custody,  be  released  without  arraignment ;  and  if  not  in  custody,  that  further  pro- 
ceedings in  the  case  be  suspended  or  that  the  complaint  be  dismissed. 

A  person  so  arrested  may,  after  he  has  recovered  from  his  intoxication,  make  a 
statement  in  writing  addressed  to  the  court  or  trial  justice  having  jurisdiction  of 
his  offence,  giving  his  name  and  address,  setting  forth  what  persons,  if  any,  are 
dependent  upon  him  for  support,  his  place  of  employment,  if  any,  and  whether  he 
has  been  arrested  for  drunkenness  within  the  twelve  months  next  preceding,  and 
requesting  to  be  released  from  custody ;  and  may  deliver  said  statement  to  the 
officer  in  charge  of  the  place  in  which  he  is  confined,  who  shall  indorse  thereon  the 
name  of  the  arresting  officer,  and  if  the  arrest  is  made  within  the  jurisdiction  of  a 
trial  justice,  his  opinion  of  the  probable  truth  of  said  statement  for  the  use  of  such 
trial  justice,  and  shall  transmit  the  same  to  such  trial  justice ;  and  if  the  arrest 
is  made  within  the  jurisdiction  of  a  court  having  a  probation  officer,  the  officer  in 
charge  of  the  place  in  which  he  is  confined  shall  transmit  such  statement  to  said 
probation  officer.  Said  probation  officer,  or  his  assistants,  shall  forthwith  inquire  into 
the  truth  thereof,  and  shall  investigate  the  record  of  said  person  as  to  previous 
similar  offenses,  and,  for  the  use  of  the  court  having  jurisdiction  of  the  case,  shall 
indorse  on  such  statement,  with  his  signature,  the  result  of  his  investigation.  The 
officer  for  the  time  being  in  charge  of  the  place  of  custody  in  a  town  where  no 
probation  officer  resides  forthwith  may  release,  and  elsewhere  the  probation  officer 
or  assistant  probation  officer  x>f  the  court  having  jurisdiction  of  the  offence  may 
direct  the  officer  in  charge  of  the  place  of  custody  forthwith  to  release,  and  such 
officer  so  in  charge  shall  thereupon  release,  such  arrested  person  pursuant  to  his 
request :  Provided,  that  the  officer  so  releasing  or  directing  the  release  believes 
that  the  person  arrested  has  given  his  true  name  and  address,  that  he  will  appear 
upon  a  summons,  and  that  he  has  not  twice  before  Jbeen  arrested  for  drunkenness 
within  the  preceding  twelve  months. 

§  2.  The  officer  in  charge  of  the  place  of  custody  in  which  a  person  arrested  for 
drunkenness  is  confined  shall  inform  him,  when  he  has  recovered  from  his  intoxication, 
of  his  right  to  make  a  statement  in  writing  and  request  for  release  as  aforesaid, 
and  an  officer  making  an  arrest  under  the  authority  of  the  preceding  section  shall 
not  be  liable  for  illegal  arrest  or  imprisonment,  if  the  person  arrested  is  released 
at  his  request  as  herein  provided. 

MICHIGAN. 
State  Agency  for  Juvenile  Offenders. 

Chapter  171,   April  29,   1873. 
AN  ACT   establishing   a  state   agency   for   the   care   of   juvenile   offenders. 

Section  1.  The  people  of  the  State  of  Michigan  enact,  That  the  Governor  may 
appoint  in  each  county  of  this  State,  an  agent  of  the  Board  of  State  Commissioners 
for  the  general  supervision  of  charitable,  penal,  pauper,  and  reformatory  institutions, 
who  shall  hold  his  office  at  the  pleasure  of  the  Governor.  Before  entering  upon  the 
duties  of  his  office,  and  within  thirty  days  after  receiving  notice  of  his  appointment, 
said  agent  shall  take  and  file  with  the  county  clerk  of  the  county  for  which  he  was 
appointed,  the  oath  of  office  prescribed  by  the  constitution  of  this  state,  and  upon 
such  qualification  and  It  shall  be  the  duty  of  the  county  clerk  to  immediately  transmit 
notice  thereof  to  the  circuit  judge,  the  probate  judge,  each  justice  of  the  peace,  and 
all  other  magistrates  of  the  county  having  competent  jurisdiction  for  the  trial  of 
juvenile  offenders.  Said  agent  shall  receive  no  compensation,  for  his  time  or  services, 
but  his  actual  expenses  necessarily  incurred  while  engaged  in  the  performance  of 
his  duties  under  this  act,  on  being  fully  stated  in  account,  and  verified  by  the 
affidavit  of  the  agent,  and  approved  by  the  governor,  shall  be  paid  by  the  state 
treasurer  on  the  warrant  of  the  auditor  general,  out  of  any  money  in  the  treasury 
not  otherwise  appropriated. 

§  2.  Whenever  a  complaint  is  made  or  pending  against  any  boy  or  girl  under  the 
age  of  sixteen  years,  for  the  commission  of  any  offence  not  punishable  by  law  with 


196  REPORT  OF  TOE  PROBATION  COMMISSION. 

imprisonment  for  life,  before  any  court  or  magistrate  having  competent  jurisdiction 
thereof,  it  shall  be  the  duty  of  such  court  or  magistrate,  before  proceeding  to  hear 
or  determine  the  case,  to  give  notice  in  writing  of  the  pendency  thereof  to  said 
agent,  who  shall  have  opportunity  allowed  him  to  investigate  the  charge  or  charges ; 
and  upon  receiving  such  notice,  the  agent  shall  immediately  proceed  to  inquire  into 
and  make  a  full  examination  of  the  parentage  and  surroundings  of  the  child,  and  of 
all  the  facts  and  circumstances  of  the  case,  and  report  the  same  to  the  court  or 
magistrate,  who  shall  advise  and  counsel  with  the  said  agent ;  and  if  upon  such  con- 
sultation, after  full  investigation  and  proof  of  the  offence  charged,  it  shall  appear 
to  the  court  that  the  public  interest  and  the  interest  of  such  child  vfill  be  best 
subserved  thereby,  he  may  make  an  order  for  the  return  of  such  child  to  his  or  her 
parents,  guardian,  or  friends  ;  or  he  may  authorize  said  agent,  under  the  advice  and 
approval  of  the  judge  of  probate  of  the  county,  to  take  such  child  and  bind  him 
or  her  out  to  some  suitable  person  until  .he  or  she  shall  have  attained  the  age  of 
twenty-one  years,  or  for  any  less  time ;  or  if  the  child  appear  to  be  wilfully  way- 
ward and  unmanageable  the  court  may  cause  him  to  be  sent  to  the  reform  school, 
or  to  a  house  of  correction  authorized  by  law  to  receive  such  boy  or  girl,  subject  to 
such  conditions  of  sex  and  age  as  are  now  provided  by  law  for  the  reception  of 
children  in  said  school. 

§  3.  Said  agent  shall  as  often  as  once  in  each  year  visit  all  children,  resident  in 
the  county  for  which  he  is '  appointed,  who  shall  have  been  indentured  or  placed 
in  charge  of  any  person  therein  by  any  state  board  or  officer  of  the  state,  and  shall 
inquire  into  the  management,  condition,  and  treatment  of  such  children,  and  for 
that  purpose  may  have  private  interviews  with  such  children  at  any  time ;  and  if 
it  shall  come  to  the  knowledge  of  such  agent  that  any  child  thus  placed  in  charge 
of  any  person  as  aforesaid,  is  neglected,  abused,  or  improperly  treated  by  the  person 
having  such  child  in  charge,  or  that  the  person  holding  the  child  is  unfit  to  have 
the  care  thereof,  he  shall  report  the  fact  to  the  board  of  officers  of  the  institution 
by  which  such  child  was  indentured,  and  such  board  or  officers  shall  cancel  the 
contract  and  cause  the  child  to  be  returned  to  the  institution  from  whence  he  or  she 
was  taken,  or  indentured  to  some  other  person,  or  to  be  discharged,  in  the  discretion 
of  the  board  of  officers.  In  all  contracts  or  indentures  for  binding  out  children  from 
any  state  institution,  the  officers  making  the  same  shall  expressly  reserve  the  right 
to  cancel  the  contract  whenever  in  their  judgment  the  interests  of  the  child  are  not 
properly  cared  for. 

§  4.  No  child  shall  be  indentured,  adopted,  or  taken  during  minority,  by  any 
person  not  of  kin  thereto,  from  a  state  institution  until  notice  of  an  application 
therefor  has  been  given  to  the  agent  aforesaid  residing  in  the  county  from  which  such 
application  is  made,  and  until  his  report  in  writing,  made  after  an  investigation 
into  the  propriety  thereof,  has  been  made  and  filed  with  the  officers  of  such  institu- 
tion. And  all  applications  for  the  release  or  discharge  of  any  children  so  indentured 
or  placed  in  charge  of  persons  in  such  county,  shall  be  given  to  said  agent  for  his 
report  in  like  manner. 

§  5.  It  shall  be  the  duty  of  said  agents  in  their  respective  counties,  to  seek  out 
suitable  persons  who  are  willing  to  adopt,  take  charge  of,  educate,  and  maintain 
children  arrested  for  offenses,  committed  to  any  state  institution,  or  abandoned  and 
neglected  children  in  charge  of  any  state  institution  or  officers,  and  to  give  notice 
thereof  to  the  boards  of  officers  having  authority  to  dispose  of  such  children.  And 
said  agents  shall  from  time  to  time  make  report  of  their  doings  under  this  section 
to  the  board  of  which  they  are  the  agents. 

§  6.  It  shall  be  the  duty  of  the  Superintendent  of  the  Reform  School,  and  the 
principal  officer  of  any  state  institution  for  the  care  or  reformation  of  juvenile 
offenders  now  or  hereafter  to  be  established,  upon  the  discharge  of  any  boy  or  girl 
received  therein,  forthwith  to  notify  the  agent  of  the  Board  of  State  Commissioners 
for  the  general  supervision  of  charitable,  penal,  pauper,  and  reformatory  institutions 
residing  in  the  county  from  which  such  child  was  sent,  of  such  discharge  ;  and  if  the 
boy  or  girl  so  discharged  shall  return  to  such  county,  the  agent  shall,  as  far  as 
possible,  assist  him  or  her  in  procuring  suitable  employment  and  a  good  home  free 
from  immoral  and  evil  influences.  Said  agent  shall  also  keep  a  brief  history  of  each 
child  within  his  county,  discharged  as  aforesaid,  in  a  manner  and  form  to  be  pre- 
scribed by  the  board  of  which  he  is  agent,  and  report  the  same  from  time  to  time 
to  said  board  as  it  may  require,  to  the  end  that  the  effect  of  the  treatment  and 


REPORT  OF  THE  PROBATION  COMMISSION.  197 

discipline  of  the  several  institutions  of  the  State  for  the  care  and  reformation  of 
juvenile  delinquents  upon  their  discharge  therefrom  may  be  better  known  and 
understood. 

§  7.  This  act  shall  not  apply  to  any  county  of  the  state  in  which  no  agent  shall 
be  appointed  by  the  Governor  under  and  by  virtue  of  the  provisions  hereof.  • 

§    8.   This  act  shall  take  immediate  effect. 

State  Agency  for  Juvenile  Offenders. 

Chapter   168,   June  10,   1885  :    revising  1873  ch.   171. 

AN  ACT  to  amend  sections  one,  two,  three,  four,  five  and  six  of  "An  act  establishing 
a  state  agency  for   the  care  of  juvenile  offenders,"  approved  April   twenty-ninth, 
eighteen    hundred    seventy-three,    as    amended     by     an     act     to     amend     section 
one    of    said    act,    approved    March    nineteenth,    eighteen    hundred    seventy-five, 
the  same  being  sections  nine  thousand  eight  hundred  ninety-four,   nine  thousand 
eight    hundred    ninety-five,   nine    thousand    eight    hundred    ninety-six,    nine    thou- 
sand eight  hundred  ninety-seven,  nine   thousand   eight  hundred  ninety-eight,   and 
nine  thousand  eight  hundred  ninety-nine  of  Howell's  Annotated  Statutes. 
Section  1.   The  people  of  the  State  of  Michigan  enact,  That  sections  one,  two,  three, 
four,  five  and  six  of  an  act  entitled  "An  act  establishing  a  state  agency  for  the  care 
of   juvenile  offenders,"   approved  April   twenty-ninth,   eighteen   hundred   seventy-three, 
as  amended  by  an  act  number  thirty-seven  of  the  laws  of  eighteen  hundred  seventy- 
five,  approved  March  nineteenth,  eighteen  hundred  seventy-five,  being  chapter  number 
forty-six,    sections    nine    thousand    eight    hundred    ninety-four,    nine    thousand    eight 
hundred    ninety-five,    nine    thousand    eight    hundred    ninety-six,    nine    thousand    eight 
hundred     ninety-seven,       nine  thousand       eight       hundred     ninety-eight,       and      nine 
thousand     eight     hundred     ninety-nine,    Howell's    Annotated     Statutes,     be     and     the 
same  are  hereby  amended  so  as  to  read  as  follows  : 

§  1.  The  Governor  may  appoint,  in  each  county  of  this  state,  an  agent  of  the 
State  Board  of  Corrections  and  Charities  for  the  care  of  juvenile  offenders  and 
dependent  children,  who  shall  hold  his  office  during  the  pleasure  of  the  Governor,  and 
who  shall  be  known  as  the  county  agent  for  the  county  for  which  he  is  appointed. 
Before  entering  upon  the  duties  of  his  office,  and  within  thirty  days  after  receiving 
notice  of  his  appointment,  the  said  agent  shall  take  and  file  with  the  county  clerk 
of  the  county  for  which  he  was  appointed,  the  oath  of  office  prescribed  by  the  con- 
stitution of  this  State ;  and  upon  such  qualification,  it  shall  be  the  duty  of  the 
county  clerk  to  immediately  transmit  notice  thereof  to  the  circuit  judge,  each 
justice  of  the  peace,  and  all  other  magistrates  of  the  county  having  competent  juris- 
diction for  the  trial  of  juvenile  offenders,  and  also  to  the  superintendent  of  state 
institutions  which  place  children  in  families  by  contract,  indenture,  or  adoption. 
Said  agent  shall  receive  as  compensation  for  his  services  under  this  act,  his  neces- 
sary official  expenses,  together  with  the  sum  of  three  dollars  in  full,  for  his  services 
In  each  case  investigated,  or  visited,  and  reported  on  as  hereinafter  provided,  but  not 
exceeding  three  dollars  for  any  one  day's  services,  which  shall  be  audited  by  the 
Board  of  State  Auditors,  and  paid  from  the  general  fund ;  and  when  .such  services 
and  expenses  relate  to  the  indenture,  adoption,  or  visiting  of  the  children  placed  in 
families  by  any  state  institution,  the  accounts  therefor  shall  be  certified  by  the 
superintendent  of  the  institution  to  which  the  children  belong :  Provided,  That  the 
sum  so  allowed  for  the  services  of  said  agent  in  any  county  except  the  counties  of 
Wayne  and  Kent,  shall  not,  in  any  one  year,  exceed  the  sum  of  one  hundred  dollars, 
and  that  in  the  counties  of  Wayne  and  Kent  the  sum  so  allowed  for  such  services 
shall  not,  in  any  one  year,  exceed  the  sum  of  two  hundred  dollars. 

§  2.  Whenever  a  complaint  is  made  or  pending  against  "any  boy  under  the  age  of 
sixteen  years,  or  girl  under  the  age  of  seventeen  years,  for  the  commission  of  any 
offense  not  punishable  by  law  with  imprisonment  for  life,  before  any  court  or  magis- 
trate having  competent  jurisdiction  thereof,  it  shall  be  the  duty  of  such  court  or 
magistrate,  at  once  and  before  any  further  proceedings,  are  had  in  the  case,  to  give 
notice  in  writing  of  the  pendency,  to  said  agent,  if  there  shall  be  one  in  said  county, 
who  shall  have  opportunity  allowed  him  to  investigate  the  charge  or  charges ;  and 
upon  receiving  such  notice  the  agent  shall  immediately  proceed  to  inquire  into  and 
make  a  full  examination  of  the  parentage  and  surroundings  of  the  child,  and  of  all 
the  facts  and  circumstances  of  the  case,  and  report  the  same  to  the  court  or  magis- 
trate, who  shall  advise  and  counsel  with  the  said  agent ;  and  if  upon  such  consulta- 


198  REPORT  OP  THE  PROBATION  COMMISSION. 

tion,  after  a  full  investigation  and  proof  of  the  offense  charged,  it  shall  appear  to 
the  court  that  the  public  interest,  and  the  interest  of  such  child  will  be  best  subserved 
thereby,  he  may  make  an  order  for  the  return  of  such  child  to  his  or  her  parents, 
guardian  or  friends ;  or  he  may  authorize  said  agent,  under  the  advice  and  approval 
of  the  judge  of  probate  of  the  county,  to  take  such  child  and  bind  him  or  her  out 
to  some  suitable  person,  until  he  or  she  shall  have  attained  the  age  of  twenty-one 
years,  or  for  any  less  time,  or  impose  a  fine,  or  to  suspend  sentence  for  a  definite 
or  indefinite  period ;  or  il>  the  child  is  found  guilty  of  the  offense  charged,  and  appears 
to  be  wilfully  wayward  and  unmanageable,  the  .court  may  cause  him  or  her  to  be  sent 
to  the  Reform  School,  Industrial  Home  for  Girls,  or  to  any  state  penal  or  reformatory 
institution  authorized  by  law  to  receive  such  boy  or  girl,  subject  to  such  conditions 
of  sex  and  age  as  are  now  provided  by  law  for  the  reception  of  children  in  said 
school  or  institution,  and  in  such  cases  the  report  of  the  agent  shall  be  attached 
to  the  mittimus,  and  the  cbild  may  be  placed  in  charged  of  the  agent  to  be  conveyed, 
under  his  direction,  to  the  institution,  and  for  such  services  the  same  fees  shall  be 
allowed  as  are  paid  to  sheriffs  in  like  cases. 

§  3.  Said  agent  shall  visit  all  children  resident  in  the  county  for  which  he  is 
appointed  which  shall  have  been  indentured  to  any  person  therein  by  any  state  insti- 
tution, whenever  he  shall  be  so  requested  to  do  by  the  superintendent  of  the 
Institution  which  placed  such  children  in  said  county,  and  shall  inquire  into  the 
management,  condition  and  treatment  of  such  children,  and  for  that  purpose  may  have 
private  interviews  with  such  children  at  any  time ;  and  if  it  shall  come  to  the 
knowledge  of  such  agent  when  making  such  visits,  or  at  any  other  time,  that  any 
child  thus  placed  in  charge  of  any  person  as  aforesaid,  is  neglected,  abused,  or 
improperly  treated  by  the  person  having  such  child  in  charge,  or  that  such  person 
is  unfit  to  have  the  care  thereof,  he  shall  report  the  facts  to  the  superintendent  of 
the  state  institution  by  which  the  child  was  so  indentured,  and  the  board  of  such 
institution,  or  the  superintendent  thereof  who  may  be  so  authorized  to  do  by  said 
board  on  being  satisfied  that  the  interest  of  the  child  requires  it,  shall  cancel  the 
indenture  by  which  the  child  was  placed  in  the  family,  and  shall  remove  it  to  some 
other  family  home  or  directly  to  the  state  institution  from  which  it  was  indentured. 
All  indentures  by  which  any  child  shall  be  placed  in  a  home  from  any  state  institu- 
tion shall  reserve  the  right  in  the  board  making  the  indenture  to  cancel  the  same 
whenever,  in  the  opinion  of  that  board,  the  interests  of  the  child  require  it.  When- 
ever any  indenture  is  cancelled  as  herein  provided,  or  whenever  any  child  indentured 
from  any  State  institution  ha.-,  been  adopted,  notice  thereof  shall  be  given  to  said 
agent  of  the  county  where  the  child  was  indentured  by  the  superintendent  of  the 
state  institution  from  which  the  child  was  indentured  or  adopted. 

§  4.  No  child  shall  be  indentured,  adopted,  or  otherwise  placed  in  charge  of  any 
person  by  any  state  institution  during  minority,  or  for  any  other  period,  unless 
the  applicant  for  any  child  shall  be  first  approved  in  writing  by  said  agent  for  the 
county  where  the  applicant  resides,  or  by  the  state  agent  of  the  state  institution 
to  which  the  child  belongs,  in  such  form  as  may  be  prescribed  by  the  board  of  such 
state  institution.  Such  approval  shall  be  filed  with  the  superintendent  of  the  state 
institution  to  which  the  application  is  made  before  the  child  shall  be  indentured  or 
adopted. 

§  5.  It  shall  be  the  duty  of  said  agents,  in  their  respective  counties,  to  seek  out 
suitable  persons  w.ho  are  willing  to  take  by  indenture  or  adoption,  and  take  charge 
of,  educate  and  maintain  children  arrested  for  offenses,  committed  to  any  state 
institution,  or  abandoned,  neglected,  or  dependent  children  in  charge  of  any  state 
institution,  or  its  officers,  and  to  give  notice  where  such  children  may  be  so  placed, 
to  the  board,  officers,  or  superintendent  having  authority  to  dispose  of  such  children 
by  indenture  or  adoption.  And  said  agents  shall  make  regular  or  special  reports 
of  their  doings  under  this  act,  to  the  superintendent  of  any  state  institution  when 
so  requested  by  him,  in  reference  to  applications  for,  or  visiting  any  child  belonging 
to  the  state  institution  of  which  he  has  charge.  Said  agents  shall  also  report  as 
aforesaid  their  doings  under  this  act  to  the  State  Board  of  Corrections  and  Charities 
•whenever  so  requested  by  said  board. 

§  6.  It  shall  be  the  duty  of  the  superintendent  of  the  Reform  School,  and  the  prin- 
cipal officers  of  any  state  institution  for  the  care  or  reformation  of  juvenile  offenders 
now  or  hereafter  to  be  established,  upon  the  discharge  of  any  boy  or  girl  received 
therein,  forthwith  to  notify  the  agent  of  the  Board  of  Correction  and  Charities, 
residing  in  the  county  from  which  such  child  was  sent,  of  such  discharge  ;  or  if  the 


REPORT  OF  THE  PROBATION  COMMISSION.  199 

boy  or  girl  so  discharged  shall  return  to  such  county  the  agent  shall,  as  far  as  pos- 
sible, assist  him  or  her  in  procuring  suitable  employment  and  a  good  home,  free 
from  immoral  and  evil  influences.  Said  agent  shall  also  keep  a  brief  history  of  each 
child  within  his  county  discharged  as  aforesaid,  in  a  manner  and  form  to  be  pre- 
scribed by  the  board  of  which  he  is  agent,  and  report  the  same  from  time  to  time 
to  said  board  as  it  may  require,  to  the  end  that  the  effect  of  the  treatment  and 
discipline  of  the  several  institutions  of  the  state  for  the  caare  and ;  reformation  of 
juvenile  delinquents,  upon  their  discharge  therefrom,  may  be  better  known  and  under- 
stood. 

Powers  of  County  Agent. 

Chapter  177,  June   10,   1887:   amdg.   1885    ch.  168. 

AN  ACT  to  amend  section  two  of  act  number  one  hundred  and  sixty-eight,  session 
laws  of  eighteen  hundred  and  eighty-five,  entitled  "An  act  to  amend  sections 
one,  two,  three,  four,  five  and  six  of  'An  act  establishing  a  state  agency  for  the 
care  of  juvenile  offenders,'  "  approved  April  twenty-ninth,  eighteen  hundred  and 
seventy-three,  as  amended  by  an  act  to  amend  section  one  of  said  act,  approved 
March  nineteenth,  eighteen  hundred  and  seventy-five,  the  same  being  sections 
nine  thousand  eight  hundred  and  ninety-four,  nine  thousand  eight  hundred  and 
ninety-five,  nine  thousand  eight  hundred  and  ninety-six,  nine  thousand  eight 
hundred  and  ninety-seven,  nine  thousand  eight  hundred  and  ninety-eight  [and] 
nine  thousand  eight  hundred  and  ninety-nine  of  Howell's  Annotated  Statutes. 

Section  1.  The  people  of  the  State  of  Michigan  enact,  That  section  two  of  act  num- 
ber one  hundred  and  sixty-eight,  session  laws  of  eighteen  hundred  and  eighty-five, 
entitled  "An  act  to  amend  sections  one,  two,  three,  four,  five  and  six  of  'An  act 
establishing  a  state  agency  for  the  care  of  juvenile  offenders,'  "  approved  April 
twenty-nine,  eighteen  hundred  and  seventy-three,  as  amended  by  an  act  to  amend 
section  one  of  said  act,  approved  March  nineteenth,  eighteen  hundred  seventy-five, 
the  same  being  section  nine  thousand  eight  hundred  ninety-four,  nine  thousand  eight 
hundred  ninety-five,  nine  thousand  eight  hundred  ninety-six,  nine  thousand  eight 
hundred  ninety-seven,  nine  thousand  eight  hundred  ninety-eight  and  nine  thousand 
eight  hundred  ninety-nine  of  Howell's  Annotated  Statutes,  be  and  the  same  hereby  is 
amended  so  as  to  read  as  follows  : 

§  2.  Whenever  a  complaint  is  made  or  pending  against  any  boy  under  the  age 
of  sixteen  years  or  girl  under  the  age  of  seventeen  years  for  the  commission  of  any 
offense  not  punishable  by  law  with  imprisonment  for  life  before  any  court  or 
magistrate  having  competent  jurisdiction  thereof,  it  shall  be  the  duty  of  such 
court  or  magistrate  at  once,  and  before  any  further  proceedings  are  had  in  the  case, 
to  give  notice  in  writing  of  the  pendency  to  said  agent,  If  there  shall  be  one  in 
said  county,  who  shall  have  opportunity  allowed  him  to  investigate  the  charge  or 
charges,  and  upon  receiving  such  notice  the  agent  shall  immediately  proceed  to 
inquire  into  and  make  a  full  examination  of  the  parentage  and  surroundings  of  the 
child,  and  of  all  the  facts  and  circumstances  of  the  case,  and  report  the  same  to 
the  court  or  magistrate,  who  shall  advise  and  counsel  with  the  said  agent ;  and  if 
upon  such  consultation,  after  full  investigation  and  proof  of  the  offense  charged,  it 
shall  appear  to  the  court  that  the  public  interest,  and  the  interest  of  such  child  will 
be  best  subserved  thereby,  he  may  make  an  order  for  the  return  of  such  child  to 
his  or  her  parents,  guardian  or  friends ;  or  he  may  authorize  said  agent,  under  the 
advice  and  approval  of  the  judge  of  probate  of  the  county,  to  take  such  child  and 
bind  him  or  her  out  to  some  suitable  person  until  he  or  she  shall  have  attained  the 
age  of  twenty-one  years,  or  for  any  less  time,  or  impose  a  fine,  or  to  suspend  sentence 
for  a  definite  or  indefinite  period ;  or  if  the  child  is  found  guilty  of  the  offense 
charged,  and  appears  to  be  wilfully  wayward  and  unmanageable,  the  court  may 
cause  him  or  her  to  be  sent  to  the  Reform  School,  Industrial  Home  for  Girls,  or  to 
any  state  penal  or  reformatory  institution  authorized  by  law  to  receive  such  boy  or 
girl,  subject  to  such  conditions  of  sex  and  age  as  are  provided  by  law  for  the  recep- 
tion of  children  in  said  school  or  institution ;  and  in  such  cases  the  report  of  the 
agent  shall  be  attached  to  the  mittimus,  and  the  child  shall  be  placed  in  charge  of 
the  agent,  or  some  person  designated  by  him,  to  be  conveyed  under  his  direction 
to  the  institution,  for  which  service  the  same  fees  shall  be  allowed  as  are  paid  to 
sheriffs  in  like  cases. 

This  act  is  ordered  to  take  immediate  effect. 


200  REPORT  OP  THE  PROBATION  COMMISSION. 

Adult  Probation  County  Agent  to  be  Probation  Officer. 

Chapter  91,   May  7,   1903. 

AN  ACT  to  authorize  the  several  courts  of  the  state  having  jurisdiction  in  criminal 
cases,  to  hold  or  place  persons,  convicted  of  a  crime  or  misdemeanor,  on  pro- 
bation, under  the  care  of  probation  officers  provided  in  this  act. 

Section  1.  Provided  the  defendant  has  never  before  been  convicted  in  this  state  or 
elsewhere,  of  a  crime  or  misdemeanor,  after  a  plea  or  verdict  of  guilty  in  any  case 
•where  the  commission  of  a  crime  or  misdemeanor  is  charged  and  where  a  discretion 
is  conferred  upon  the  court  as  to  the  extent  of  the  punishment,  the  several  circuit 
courts  of  this  State  and  all  other  courts  having  like  jurisdiction  in  criminal  cases 
where  it  may  appear  to  the  satisfaction  of  the  court,  that  the  circumstances  are 
such  that  the  defendant  is  not  likely  to  again  engage  in  a  criminal  course  of  con- 
duct, and  that  the  public  good  will  be  as  well  subserved  as  to  pass  and  enforce 
sentence,  shall  have  power  to  place  the  defendant  on  probation  under  the  charge  and 
supervision  of  a  probation  officer  in  the  following  manner : 

First.  Before  passing  sentence,  the  court  before  whom  he  stands  convicted  may 
place  the  defendant  in  the  custody  and  under  the  supervision  of  the  probation  officer 
and  under  such  terms  and  conditions  as  it  may  determine. 

Second.  At  any  time  during  the  probationary  term  of  a  person  convicted  and 
released  on  probation  as  aforesaid,  the  court  before  which  the  person  was  so  con- 
victed, when  presided  over  by  its  judge  at  the  time  of  the  conviction,  or  his  .successor 
in  office,  may,  in  its  discretion,  revoke  and  terminate  such  probation.  Upon  such 
revocation  and  termination,  the  court  may  immediately  pronounce  judgment,  im- 
posing fine  or  imprisonment  or  both  any  time  thereafter  within  the  longest  period 
for  which  the  defendant  might  have  been  sentenced. 

§  2.  The  county  agent  of  the  State  Board  of  Corrections  and  Charities,  in  the 
respective  counties,  shall  be  ex-officio  the  probation  officer  for  the  county :  Provided, 
That  wherever  and  whenever,  in  the  opinion  of  the  court,  the  county  agent  is  dis- 
qualified and  cannot  discharge  the  duties  of  a  probation  officer  in  any  case,  the  court 
shall  have  power  to  designate  a  probation  officer  in  his  stead. 

§  3.  Every  probation  officer  shall,  when  so  directed  by  the  court,  inquire  into  the 
nature  of  any  criminal  case  brought  before  the  court  under  whose  jurisdiction  he 
acts,  and  may  recommend  that  the  defendant  be  placed  upon  probation.  Each  person 
released  upon  probation  shall  be  furnished  by  the  probation  officer  with  a  written 
statement  of  the  terms  and  conditions  of  his  release,  and  each  probation  officer  shall 
keep  full  record  of  the  cases  investigated  by  him,  and  of  all  .cases  placed  in  his  care 
by  the  court,  and  of  any  other  duties  performed  by  him  under  this  act,  the  necessary 
record  books  and  blanks  for  which  shall  be  furnished  and  paid  for  by  the  respective 
counties.  All  persons  serving  as  probation  officers  shall  make  a  report  annually 
through  the  clerk  of  the  county  in  which  they  serve  to  the  State  Board  of  Correc- 
tions and  Charities,  showing  in  detail  the  working  of  the  probation  system  in  the 
respective  counties  for  the  fiscal  year  ending  June  thirtieth,  all  necessary  blanks  for 
which  report  shall  be  prescribed  by  said  board  and  supplied  by  the  secretary  of 
state  to  the  order  of  the  respective  county  clerks.  This  information  shall  be  com- 
piled by  said  board  and  by  it  reported  in  writing  to  the  governor,  biennially,  accom- 
panied by  such  recommendations  as  the  board  in  its  discretion  may  see  fit  to  make, 
and  shall  be  included  in  its  regular  published  report. 

§  4.  Probation  officers  shall  have,  as  to  persons  committed  to  their  care,  the 
powers  of  a  sheriff,  and  shall  be  allowed  the  same  fees  as  sheriffs  are  allowed  for 
traveling,  and  the  sum  of  two  dollars  a  day  for  making  investigations  and  report. 
The  bills  therefor  upon  approval  by  the  court  ordering  such  services,  shall  be  paid 
by  the  county  for  which  said  services  are  rendered,  in  the  same  manner  as  are  juror 
and  witness  fees. 

§  5.  The  court  of  one  county  may  apply  to  the  probation  officer  of  another  county 
for  an  investigation  and  report  in  any  case  before  it  where  the  accused  has  resided 
in  such  other  county,  and  it  shall  be  the  duty  of  such  officer  to  make  investigation 
and  report  to  the  court  so  directing  it,  and  the  fees  and  per  diem  charge  shall  be 
paid  by  the  county  in  which  the  accused  is  held  for  trial,  upon  approval  by  the  court 
in  the  manner  provided  for  in  section  four  of  this  act. 

§  6.  The  benefits  of  this  act  shall  not  extend  to  any  person  now  engaged  in 
serving  sentence  in  any  penal,  reformatory  or  industrial  institution  in  this  state, 
and  shall  not  apply  in  any  case  after  commitment. 


REPORT  OF  THE  PROBATION  COMMISSION.  201 

§  7.  It  shall  be  the  duty  of  the  probation  officer  to  report  to  the  court  any 
violation  or  breach  of  the  terms  and  conditions  imposed  by  said  court  upon  the 
persons  placed  in  his  care. 

§  8.  This  act  is  to  have  force  and  effect  regardless  of  all  previous  acts  which  may 
be  inconsistent  herewith. 

Probation  Officers  other  than  County  Agents. 
Chapter  221,   June   18,    1903. 

AN  ACT  to  amend  section  two  of  act  number  one  hundred  sixty-eight,  session  laws 
of  eighteen  hundred  eighty-five,  entitled  "  An  act  to  amend  sections  one,  two, 
three,  four,  five  and  six,  of  an  act  establishing  a  state  agency  for  the  care  of 
juvenile  offenders,"  approved  April  twenty-nine,  eighteen  hundred  seventy-three, 
as  amended  by  an  act  to  amend  section  one  of  said  act,  approved  March  nine- 
teen, eighteen  hundred  seventy-five,  and  as  amended  by  act  number  one  hundred 
seventy-seven,  of  the  session  laws  of  eighteen  hundred  ninety-seven,  being  sec- 
tion two  thousand  two  hundred  sixty-one  of  the  Compiled  Laws  of  eighteen 
hundred  ninety-seven. 

Section  1.  That  section  two  of  act  number  one  hundred  sixty-eight,  session  laws 
of  eighteen  hundred  eighty-five,  entitled  "An  act  to  amend  sections  one,  two,  three, 
four,  five  and  six,  of  an  act  establishing  a  state  agency  for  the  care  of  juvenile 
offenders,"  approved  April  twenty-nine,  eighteen  hundred  seventy-three,  as  amended 
by  an  act  to  amend  section  one  of  said  act,  approved  March  nineteen,  eighteen  hun- 
dred seventy-five,  and  as  amended  by  act  number  one  hundred  seventy-seven,  of  the 
session  laws  of  eighteen  hundred  eighty-seven,  being  section  two  thousand  two  hun- 
dred sixty-one  of  the  Compiled  Laws  of  eighteen  hundred  ninety-seven,  be  and  is 
hereby  amended  to  read  as  follows  : 

§  2.  Whenever  a  complaint  is  made  or  pending  against  any  boy  under  the  age  of 
sixteen  years,  or  any  girl  under  the  age  of  seventeen  years,  for  the  commission  of  any 
offense  not  punishable  by  law  with  imprisonment  for  life,  before  any  court  or  magis- 
trate having  competent  jurisdiction  thereof,  it  shall  be  the  duty  of  such  court  or 
magistrate  at  once,  and  before  any  further  proceedings  are  had  in  the  case,  to  give 
notice  in  writing  of  the  pendency  to  said  agent,  if  there  shall  be  one  in  said  .county 
who  shall  have  opportunity  allowed  him  to  investigate  the  charge  or  charges ;  and 
upon  receiving  such  notice  the  agent  shall  immediately  proceed  to  inquire  into  and 
make  a  full  examination  of  the  parentage  and  surroundings  of  the  child,  and  of  all 
the  facts  and  circumstances  of  the  case,  and  report  the  same  to  the  said  court  or 
magistrate,  who  *hall  advise  and  counsel  with  the  agent,  and  if  upon  such  consulta- 
tion after  full  investigation  of  the  offense  charged^  it  shall  appear  to  the  court  that 
the  public  interest,  and  the  interest  of  the  child,  will  be  best  subserved  thereby  a 
summons  shall  issue  requiring  the  person  having  custody  or  control  of  the  child,  or 
with  whom  the  child  may  be,  to  appear  with  the  child  at  a  place  and  time  which 
shall  be  stated  in  the  summons ;  if  such  said  person  is  other  than  the  parent  or 
guardian  of  such  child  then  said  parents  or  guardians  shall  be  notified  of  the  pen- 
dency of  the  case.  If  persons  so  summoned  as  herein  provided,  shall  fail,  without 
reasonable  cause,  to  appear  with  the  child  and  abide  the  order  of  the  court  he  may 
be  proceeded  against  for  contempt  of  court  under  and  in  accordance  with  the  provis- 
ions of  chapters  thirty-eight  and  three  hundred  one  of  the  Compiled  Laws  of  eighteen 
hundred  ninety-seven.  In  case  the  summons  cannot  be  served  or  the  parties  served 
fail  to  obey  the  summons,  and  in  any  case  when  it  shall  appear  to  the  court  that 
such  summons  will  be  ineffectual,  a  warrant  may  issue  either  against  the  parent  or 
guardian  or  other  person  having  custody  of  the  child,  or  with  whom  the  child  may  be 
or  against  the  child  itself  :  Provided,  That  when  a  warrant  is  so  issued  the  prose- 
cuting attorney  of  the  county  shall  be  notified  of  the  case  pending,  and  shall  appear 
in  the  case  for  the  people  if  such  appearance  does  not  result  in-  an  undue  delay  in  the 
disposition  of  the  case.  On  return  of  the  summons  or  other  process  to  hear,  or  as 
soon  thereafter  as  may  be,  the  court  shall  proceed  to  hear  and  dispose  of  the  case, 
on  proof  of  the  offense  charged,  if  it  shall  appear  to  the  court  that  the  public 
interest  and  the  interest  of  such  child  will  be  best  subserved  thereby  he  may 
make  an  order  for  the  return  of  such  child  to  his  or  her  parents,  guard- 
ians or  friends ;  or  impose  a  fine,  or  suspend  sentence  for  a  definite  or 


202  REPORT  OF  THE  PROBATION  COMMISSION. 

indefinite  period,  and  may  place  such  child  while  so  on  suspended  sen- 
tence under  the  charge  of  the  county  agent  on  probation :  Provided,  That 
the  court  may  in  its  discretion,  appoint  some  discreet  person  of  good  char- 
acter other  than  the  county  agent  to  so  have  the  child  in  charge :  Provided, 
further,  That  the  person  so  appointed  other  than  the  agent,  shall  receive  no  com- 
pensation from  the  public  treasury  for  the  duties  performed  under  such  appointment. 
The  child  may  be  thus  placed  for  such  time  and  upon  such  conditions  as  the  court 
shall  determine ;  and  such  child  so  released  shall  be  furnished  with  a  written  state- 
ment of  the  terms  and  conditions  of  his  release.  If  the  child  be  found  guilty  of  the 
offense  charged  and  appears  to  be  wilfully  wayward  and  unmanageable,  the  court 
may  cause  him  or  her  to  be  sent  to  the  Industrial  School  for  Boys  at  Lansing,  the 
Industrial  Home  for  Girls  at  Adrian,  or  to  any  state  institution  authorized  by  law 
to  receive  such  boy  or  girl,  subject  to  such  conditions  of  sex  and  age  as  are  provided 
by  law  for  the  reception  of  children  in  said  school,  home  or  institution,  and  in  such 
case  the  report  of  the  county  agent  shall  be  attached  to  the  mittimus,  and  the  child 
shall  be  placed  in  charge  of  the  county  agent,  or  some  person  designated  by  him, 
to  be  conveyed  under  his  direction  to  the  institution ;  for  which  service  the  same 
fees  shall  be  allowed  as  are  paid  sheriffs  in  like  cases. 

Probation  Service. 

Chapter  32,   March  29,   1905  :   amdg.   1903   ch.   91. 

AN  ACT  to  amend  the  title  and  section  one,  of  act  number  ninety-one  of  the  public 
acts  of  nineteen  hundred  three,  entitled  "An  act  to  authorize  the  several  courts 
of  the  state  having  jurisdiction  in  criminal  cases,  to  hold  or  place  persons  con- 
victed of  a  crime  or  misdemeanor  on  probation,  under  the  care  of  probation 
officers  provided  in  this  act." 

Section  1.  The  title  and  section  one,  of  act  number  ninety-one  of  the  public  acts 
of  nineteen  hundred  three,  entitled  "An  act  to  authorize  the  several  courts  of  the 
state  having  jurisdiction  in  criminal  cases,  to  hold  or  place  persons  convicted  of  a 
crime  or  misdemeanor,  on  probation  under  the  care  of  probation  officers  provided  in 
this  act,"  are  hereby  amended  to  read  as  follows :  An  act  to  authorize  the  several 
courts  of  the  state  having  jurisdiction  in  criminal  cases,  to  hold  or  place  persons 
convicted  of  a  crime  or  misdemeanor,  on  probation,  under  the  care  of  probation 
officers  provided  in  this  act,  and  to  revoke  and  terminate  such  probation,  and  pro- 
nounce judgment  thereon,  and  to  discharge  such  persons  from  custody  when  on  pro- 
bation, when  satisfied  of  such  person's  reformation. 

§  1.  Provided  the  defendant  has  never  before  been  convicted  in  this  state  or  else- 
where of  a  crime  or  misdemeanor,  after  a  plea  or  verdict  of  guilty  in  any  case  where 
the  commission  of  crime  or  misdemeanor  is  charged  and  where  a  discretion  is  con- 
ferred upon  the  court  as  to  the  extent  of  the  punishment,  the  several  circuit  courts 
of  this  state  and  all  other  courts  having  like  jurisdiction  in  criminal  cases  where  it 
may  appear  to  the  satisfaction  of  the  court,  that  the  circumstances  are  such  that  the 
defendant  is  not  likely  to  again  engage  in  a  criminal  course  of  conduct,  and  that  the 
public  good  will  be  as  well  subserved  as  to  pass  and  enforce  sentence,  shall  have 
power  to  place  the  defendant  on  probation  under  the  charge  and  supervision  of  a 
probation  officer  in  the  following  manner : 

First,  Before  passing  sentence,  the  court  before  whom  he  stands  convicted  may 
place  the  defendant  in  the  custody  and  under  the  supervision  of  the  probation  officer 
and  under  such  terms  and  conditions  as  it  may  determine. 

Second,  At  any  time  during  the  probationary  term  of  a  person  convicted  and 
released  on  probation  as  aforesaid,  the  court  before  which  the  person  was  so  convicted, 
when  presided  over  by  its  judge  at  the  time  of  the  conviction,  or  his  successor  in  office, 
may  in  its  discretion,  revoke  and  terminate  such  probation.  Upon  such  revocation 
and  termination,  the  court  may  immediately  pronounce  judgment,  imposing  fine  or 
imprisonment  or  both  any  time  thereafter  within  the  longest  period  for  which  the 
defendant  might  have  been  sentenced.  The  court  whenever  satisfied  that  the  respond- 
ent has  sufficiently  reformed  that  it  is  reasonably  certain  that  he  will  not  thereafter 
pursue  a  life  of  crime,  may  terminate  said  probation  and  discharge  the  respondent 
from  custody. 


REPORT  OF  THE  PROBATION  COMMISSION.  203 

Chapter  312,   June  17,  1905. 

AN    ACT   to   regulate   the   treatment   and   control    of   dependent,    neglected    and   delin- 
quent  children    and    to    establish   juvenile    courts. 

Section  1.  This  act  shall  apply  only  to  minors.  For  the  purpose  of  this  act  the 
words  "  dependent  child  "  and  "  neglected  child  "  shall  mean  any  child  who  for  any 
reason  is  destitute  or  homeless  or  abandoned  or  dependent  upon  the  public  for 
support  or  who  has  not  proper  parental  care  and  guardianship  or  who  habitually 
begs  or  receives  alms  or  who  is  found  living  in  any  house  of  ill-fame  or  with  any 
vicious  or  disreputable  person  or  whose  home  by  reason  of  neglect,  cruelty  or 
depravity,  on  the  part  of.  its  parents,  guardian,  or  other  person  in  whose  care  it  may 
be,  is  an  unfit  place  for  such  child;  any  child  under  the  age  of  ten  years  who  is 
found  begging,  peddling  or  selling  any  article,  or  singing  or  playing  any  musical 
instrument  upon  the  street  as  a  business,  or  giving  any  public  entertainment  or  who 
accompanies  or  is  used  in  the  aid  of  any  person  so  doing.  The  word  "  delinquent 
child  "  shall  include  any  boy  under  sixteen  years  of  age,  or  girl  under  seventeen 
years  of  age,  who  violates  any  law  of  this  state  or  any  city  or  village  ordinance, 
or  who  is  incorrigible,  or  who  knowingly  associates  with  thieves,  vicious  or  immoral 
persons,  or  who  is  growing  up  in  idleness  or  crime;  or  who  knowingly,  visits  or  enters 
any  house  of  ill-repute  or  who  knowingly  patronizes  or  frequents  any  policy  shop 
or  place  where  any  gaming  device  is  or  shall  be  operated ;  or  who  patronizes  or 
frequents  any  saloon  or  place  where  intoxicating  liquors  are  sold,  or  who  frequents 
or  patronizes  any  public  pool  room  or  bucket  shop  or  who  wanders  about  the  streets 
in  the  night  time  without  being  on  any  lawful  business  or  occupation,  or  who  habit- 
ually wanders  about  any  railroad  yard  or  tracks,  or  jumps  or  hooks  on  to  any  moving 
train,  or  enters  any  car  or  engine  without  lawful  authority,  or  who  habitually  uses 
vile,  obscene,  vulgar,  profane  or  indecent  language,  or  is  guilty  of  immoral  conduct 
in  any  public  place  or  about  any  school  house ;  every  child  who  does  not  attend 
school  and  who  is  vicious,  incorrigible,  or  immoral  in  conduct  while  attending 
school,  or  who  is  an  habitual  truant  from  school,  or  who  habitually  wanders  about 
the  streets  and  public  places  during  school  hours  without  any  lawful  occupation  or 
employment.  Any  child  committing  any  of  the  acts  herein  mentioned  shall  be 
deemed  a  juvenile  delinquent  person  and  shall  be  proceeded  against  as  such  in  the 
manner  hereinafter  provided.  A  disposition  of  any  child  under  this  act,  or  any  evi- 
dence given  in  such  cause,  shall  not  in  any  civil,  criminal,  or  other  cause  or  pro- 
ceeding whatever  in  any  court,  be  lawful  or  proper  evidence  against  such  child  for 
any  purpose  whatever  excepting  in  subsequent  cases  against  the  same  child  under 
this  act. 

§  2.  In  counties  of  this  state  having  over  100,000  population,  the  circuit  court  of 
the  said  counties  shall  have  original  jurisdiction  in  all  cases  coming  within  the  terms 
of  this  act.  In  counties  of  this  state  having  less  than  100,000  population  and  more 
than  25,000  population,  the  circuit  court  commissioner,  or  in  case  there  is  more  than 
one  circuit  court  commissioner,  either  of  them  shall  have  original  jurisdiction  in  all 
cases  coming  within  the  terms  of  this  act.  In  counties  having  25,000  population  or 
less,  the  probate  court  shall  have  original  jurisdiction  in  all  cases  coming  within 
the  terms  of  this  act.  In  all  trials  under  this  act,  any  person,  interested  therein  may 
demand  a  jury  of  6,  or  the  judge  or  commissioner  of  his  own  motion  may  order  a 
jury  of  the  same  number  to  try  the  case.  The  jury  so  ordered  shall  be  summoned 
and  empaneled  in  accordance  with  the  law  relating  to  juries  in  courts  held  by 
justices  of  the  peace. 

§  3.  In  counties  having  over  100,000  population,  a  majority  of  the  judges  of  the 
circuit  court  shall  designate  one  or  more  of  their  members  whose  duty  it  shall  be 
to  hear  all  cases  coming  under  this  act.  A  court  room  to  be  designated  as  a 
"  juvenile  court  room  "  shall  be  provided  for  the  hearing  of  such  cases,  and  the  find- 
Ings  of  the  court  shall  be  entered  in  a  book  or  books  to  be  kept  for  that  purpose 
and  known  as  the  "  juvenile  record  " ;  and  these  courts  shall  be  called  "  juvenile 
courts." 

§  4.  The  governor  may  appoint  in  each  county  of  this  state  an  agent  of  the 
State  Board  of  Corrections  and  Charities,  for  the  care  and  protection  of  ill-treated, 
dependent,  and  delinquent  children,  who  shall  hold  his  office  during  the  pleasure 
of  the  governor  and  shall  be  known  as  the  "  county  agent  "  for  the  county  for 
which  he  is  appointed  Before  entering  upon  the  duties  of  his  office  and  within 


204  REPORT  OF  THE  PROBATION  COM  MISSION. 

thirty  days  after  receiving  notice  of  his  appointment,  the  said  agent  shall  take  and 
file  with  the  county  clerk  of  the  county  for  which  he  was  appointed,  the  oath  of 
office  prescribed  by  the  constitution  of  this  state ;  and  upon  such  qualification,  it 
shall  be  the  duty  of  the  county  clerk  to  immediately  transmit  notice  thereof  to  the 
judge  of  the  juvenile  court  and  circuit  court  commissioners  and  to  the  superintendents 
of  all  state  institutions  authorized  to  receive  or  place  out  on  contract,  indenture,  or 
adoption,  any  child.  The  said  agent  shall  receive  as  compensation  for  his  services 
under  this  act  his  necessary  official  expenses  together  with  the  sum  of  $3  in  full  for 
each  day  ordered  by  the  court,  the  superintendent  of  any  state  institution,  or  the 
State  Board  of  Corrections  and  Charities,  but  not  exceeding  $3  for  any  one  day's 
service  ;  which  shall  be  audited  by  the  Board  of  State  Auditors  and  paid  from  the 
general  fund ;  and  when  such  services  and  expenses  relate  to  the  indenture,  adoption 
or  visiting  of  children  placed  in  families  by  state  institutions,  the  amounts  therefor 
shall  be  certified  by  the  superintendent*  of  the  institution  to  which  the  child  may 
belong ;  and  when  such  services  shall  be  ordered  by  the  court  or  commissioner  the 
amounts  therefor  shall  be  certified  by  the  court  or  commissioner  so  ordering  such  ser- 
vice. Such  bills  shall  specify  time  spent,  miles  travelled,  manner  of  travel,  and  each 
item  of  expense  incurred. 

§  5.  Any  reputable  citizen  being  a  resident  in  the  county  having  a  knowledge  of  a 
child  in  his  county  who  appears  to  be  either  neglected,  dependent,  or  delinquent, 
may  file  with  the  court  or  commissioner  having  jurisdiction  in  the  matter,  a  petition 
in  writing,  setting  forth  such  fact  or  facts  duly  verified  by  affidavit,  and  it  shall  be 
sufficient  that  such  affidavit  shall  be  upon  information  and  belief.  Whenever  such 
petition  is  filed,  it  shall  be  the  duty  of  such  court  or  commissoner,  and  before  any 
further  proceeding  is  had  in  the  case,  to  give  notice  in  writing  of  pendency  to  said 
agent,  if  there  be  one  in  said  county,  who  shall  have  opportunity  allowed  him  to 
investigate  the  facts  and  circumstances  surrounding  the  case,  and  upon  receiving  such 
notice,  the  agent  shall  immediately  proceed  to  inquire  into  and  make  a  full  ex- 
amination of  the  parentage  and  surroundings  of  the  child  and  all  the  facts  and 
circumstances  of  the  case,  and  report  the  same  to  the  said  court  or  commissioner 
who  shall  advise  and  counsel  with  the  agent ;  and  if  upon  such  consultation,  and  after 
full  investigation,  it  shall  appear  to  the  court  or  commissioner  that  the  public  inter- 
est and  the  interest  of  the  child  will  be  best  subserved  thereby,  a  summons  shall 
issue  requiring  the  person  or  persons  having  custody  or  control  of  the  child  or 
with  whom  the  child  may  be,  to  appear  with  the  child  at  a  place  and  time  which 
shall  be  stated  in  the  summons ;  and  if  such  person  is  other  than  the  parent  or 
guardian  of  such  child,  then  said  parent  or  guardian  shall  be  notified  of  the  pen- 
dency of  the  .case  :  Provided,  That  when  said  parents  or  guardians  are  non-residents 
or  can  not  be  found,  then  such  notice  shall  not  be  required.  If  person  so  sum- 
moned as  herein  provided  shall  fail  without  reasonable  cause  to  appear  with  the 
child  and  abide  the  order  of  the  court,  he  may  be  proceeded  against  for  contempt  of 
court  under  and  in  accordance  with  the  provisions  of  chapters  38  and  301  of  the 
Compiled  Laws  of  1897.  In  case  the  summons  cannot  be  served,  or  parties  fail  to 
obey  the  summons,  and  in  any  case  when  it  shall  appear  to  the  court  or  commissioner 
that  such  summons  will  be  ineffectual,  upon  complaint  on  oath  and  in  writing,  a 
warrant  may  issue  either  against  the  parent  or  guardian  or  other  person  having 
custody  of  the  child  or  with  whom  the  child  may  be,  or  against  the  child  itself  and 
said  child  may  be  committed  to  the  care  of  any  person  or  association  pending  the 
final  disposition  of  the  case :  Provided,  That  when  a  warrant  is  so  issued,  the 
prosecuting  attorney  of  the  county  shall  be  notified  and  shall  appear  in  the  case  for 
the  people,  if  such  appearance  does  not  result  in  an  undue  delay  in  the  disposition  of 
the  case.  On  return  of  the  summons  or  warrant,  or  as  soon  thereafter  as  may  be,  the 
court  or  .commissioner  shall  proceed  to  hear  and  dispose  of  the  case,  and  if  it  shall 
appear  to  the  court  or  commissioner  that  the  public  interests  and  the  interests  of  such 
child  will  be  best  subserved  thereby,  he  may  make  an  order  for  the  return  of  such  child 
to  his  or  her  parents  or  guardians  or  friends  ;  or  upon  conviction  may  impose  a  fine. 
or  suspend  sentence  for  a  definite  or  indefinite  period,  and  may  place  such  child 
while  so  on  suspended  sentence,  under  charge  of  the  county  agent  on  probation  under 
the  provisions  of  act  91  of  the  public  acts  of  1903  as  amended :  Provided,  The  court 
or  commissioner  may  in  its  discretion  appoint  one  or  more  discreet  persons  of  good 
character  other  than  the  county  agent  to  act  as  probation  officers  and  to  have  said 
child  in  charge.  Such  probation  officers  shall  report  to  the  State  Board  of  Correc- 


REPORT  OF  THE  PROBATION  COMMISSION.  205 

tions  and  Charities  on  all  cases  referred  to  them  :  And  provided  further,  That  the 
person  so  appointed  other  than  the  county  agent  shall  receive  no  compensation  from 
the  public  treasury  for  the  duties  performed  under  such  appointment.  The  child 
may  thus  be  placed  for  such  time  and  upon  such  condition  as  the  court  or  com- 
missioner may  determine,  and  such  child  so  released  shall  be  furnished  with  a 
written  statement  of  the  terms  and  conditions  of  their  release.  At  any  time  during 
the  probationary  term  of  a  child  released  on  probation  as  aforesaid,  the  court  or 
commissioner,  by  whom  the  child  was  so  released,  when  presided  over  by  its  judge 
at  the  time  of  the  hearing,  or  his  successor  in  office,  may,  in  its  discretion,  revoke 
or  terminate  such  probation.  If  the  child  be  found  to  be  wilfully  wayward  and 
unmanageable,  the  court  or  commissioner  may  cause  him  or  her  to  be  sent  to  the 
School  for  Boys  at  T<ansing,  or  the  Industrial  Home  for  Girls  at  Adrian,  or  to  any 
state  institution  authorized  by  law  to  receive  such  boy  or  girl  subject  to  such 
.conditions  of  sex  and  age  as  are  provided  by  law  for  the  reception  of  children  in  said 
school,  home  or  institution,  and  in  such  case,  the  report  of  the  county  agent  shall  be 
attached  to  the  mittimus  and  the  child  shall  be -placed  in  the  charge  of  the  county 
agent  or  some  person  designated  by  him  to  be  conveyed  under  his  direction  to  the 
institution,  for  which  service  the  same  fees  shall  be  allowed  as  are  paid  sheriffs 
in  like  cases  :  Provided,  That  when  a  girl  is  to  be  conveyed  to  any  institution  a  suit- 
able female  shall  be  such  officer  so  conveying  such  girl. 

§  6.  When  any  boy  under  the  age  of  sixteen  years,  or  girl  under  the  age  of 
seventeen  years,  shall  be  found  to  be  a  ~  dependent  or  neglected  child,  within  the 
meaning  of  this  act,  the  court  or  commissioner  may  make  an  order  committing  the 
child  to  the  care  of  some  suitable  state  institution,  or  to  the  care  of  some  reputable 
citizen  of  good  moral  character,  or  to  the  care  of  some  training  school,  or  industrial 
school  as  such  provided  by  law,  to  the  care  of  some  association  willing  to  receive  it. 
embracing  in  its  objects  the  purpose  of  caring  for  or  obtaining  homes  for  dependent 
or  neglected  children,  which  association  shall  have  been  approved  by  the  State  Board 
of  Corrections  and  Charities.  The  court,  or  commissioner  may,  when  the  health  or 
condition  of  a  child  shall  require,  cause  the  child  to  be  placed  in  a  public  hospital 
or  institution  for  treatment  or  special  care,  or  in  a  private  hospital  or  institution 
which  will  receive  it  for  like  purposes  without  charge. 

§  7.  No  person  shall  commit  a  child  under  twelve  years  of  age  to  any  jail  or 
.police  station,  but  it  may  be  committed  to  the  care  and  custody  of  the  county  agent 
or  duly  appointed  probation  officer  who  shall  keep  such  child  in  some  suitable  place 
provided  by  the  city  or  county  outside  of  the  enclosure  of  any  jail  or  police  station. 
When  any  child  shall  be  confined  in  any  institution,  it  shall  be  unlawful  to  confine 
such  child  in  the  same  building  with  an  adult  or  adults,  or  confine  such  child  in  the 
same  yard  or  enclosure  with  an  adult  or  adults,  or  to  bring  such  child  into  any  yard 
or  building  or  in  any  conveyance  in  which  an  adult  or  adults  charged  with  crime 
may  be  present. 

§  8.  In  any  case  in  which  the  court,  or  commissioner  shall  find  a  child  neglected, 
dependent,  or  delinquent,  it  may  in  the  same  or  subsequent  proceedings,  upon  the 
parents  of  said  child  or  either  of  them  being  duly  summoned  or  voluntarily  appearing, 
proceed  to  inquire  into  the  ability  of  such  parent  or  parents  to  support  the  child  or 
contribute  to  its  support,  and  if  the  court,  or  commissioner  shall  find  such  parent 
or  parents  able  to  support  or  contribute  thereto,  the  court,  or  commissioner  may  enter 
such  order  or  decree  as  shall  be  according  to  equity  in  the  premises  and  may  enforce 
the  same  by  execution,  or,  in  any  way  in  which  a  court  of  equity  may  enforce  its 
orders  or  decree. 

§  9.  The  judge  of  the  probate  court,  and  the  circuit  court  commissioner  coming 
within  this  act  shall  receive  for  all  cases  tried  by  them  under  this  act  fees  equal  to 
those  heretofore  received  by  justices  of  the  peace  for  such  cases  in  addition  to  their 
regular  salary,  and  shall  have  power  to  draw  orders  upon  the  general  fund  of  the 
county  treasurer  for  witness  and  jury  fees  and  also  for  compensation  to  guardians 
ad  litem  appointed  by  court. 

§  10.  All  children  shall  be  at  all  times  in  the  care  and  custody  of  the  county  agent 
while  under  orders  of  the  court.  Whenever  any  inmate  of  any  juvenile  institution 
shall  be  required  as  a  witness,  they  shall  be  conveyed  to  and  from  the  institution  of 
which  they  are  inmates  by  the  county  agent  or  under  his  orders  and  be  at  all  times, 
while  absent  from  said  institution,  in  the  care  and  custody  of  said  agent :  Provided, 
That  when  such  inmate  is  a  girl,  such  inmate  shall  be  conveyed  by  and  shall  be 


206  REPORT  OP  THE  PROBATION  COMMISSION. 

in  the  care  and  custody  of  a  female  duly  authorized.  The  county  agent  may  appoint 
some  responsible  and  reliable  person  or  persons  subject  to  the  approval  of  said  court 
or  commissioner  to  act  as  his  deputy  and  the  said  agent  shall  be  responsible  for  the 
acts  of  any  deputy  appointed  by  him.  The  agent  shall  receive  for  the  care  and 
custody  of  such  dependent,  neglected  and  delinquent  children,  under  order  of  the  court 
or  commissioner,  the  same  compensation  and  fees  as  is  allowed  sheriffs  for  like  ser- 
vices and  paid  by  the  county  treasurer  on  approval  by  the  court  or  commissioner 
ordering  such  services,  in  like  manner  as  juror  and  witness  fees. 

§  11.  In  no  case  shall  any  minor  child  be  indentured,  apprenticed,  adopted,  or 
otherwise  disposed  of  by  any  person  by  either  of  the  methods  herein  named  or  under 
any  laws  of  the  state  except  on  the  written  approval  of  the  person  or  persons  taking 
such  child,  by  the  county  agent  of  the  State  Board  of  Corrections  and  Charities  of 
the  county  in  which  the  person  applying  for  the  child  resides  or  by  a  superintendent 
of  the  poor  of  the  county  where  there  is  no  such  agent  except  by  the  father  or 
mother  residing  in  this  state,  and  if  either  be  dead  or  of  legal  incapacity,  then  by 
the  guardian  of  the  child,  resident  fo  this  state  and  duly  appointed  under  the  laws 
thereof. 

§  12.  In  and  for  the  county  of  Wayne,  there  shall  be  an  officer  to  be  known  as 
deputy  county  agent,  who  shall  have  all  the  rights,  powers  and  privileges  conferred 
by  this  act  upon  county  agents,  and  who  shall  be  empowered  to  perform  any  work 
or  discharge  any  duty  herein  authorized  or  directed  to  be  performed  or  discharged 
by  any  county  agent.  Said  deputy  county,  agent  shall  be  a  male  resident  of  the  city 
of  Detroit,  and  shall  be  appointed  by  the  county  agent  for  Wayne  county  in  the  fol- 
lowing manner :  Within  thirty  days  after  this  act  shall  go  Into  effect,  the  said 
county  agent  shall  appoint  a  suitable  male  resident  of  the  city  of  Detroit  as  such 
deputy,  subject  to  the  approval,  however,  of  the  circuit  judges,  or  a  majority  of  them, 
cf  the  third  judicial  circuit.  Said  circuit  judges  shall  be  notified  in  writing  by  said 
county  agent  of  said  appointment,  and  within  fourteen  days  after  the  receipt  of  said 
notification,  shall  in  writing,  by  majority  action,  either  approve  or  disapprove  said 
appointment.  In  the  event  of  disapproval  the  said  county  agent  shall  frothwith  make 
a  new  appointment,  subject  to  approval  or  disapproval  in  like  manner  as  above 
provided,  and  shall  continue  to  make  an  appointment  until  said  approval  be  so  made. 
Upon  such  written  approval  being  so  made,  the  county  agent  shall  be  notified 
thereof  by  the  said  circuit  judges  and  due  notice  of  such  approval  shall  also  be  given 
by  the  said  circuit  judges  to  the  person  so  appointed  as  deputy.  Before  entering  upon 
the  duties  of  his  office  as  deputy,  and  within  ten  days  after  receiving  notice  of  his 
appointment,  the  said  deputy  agent  shall  take  and  file  with  the  county  clerk  of  Wayne 
county  the  oath  of  office  prescribed  by  the  constitution  of  the  state.  Upon  such 
qualification  it  shall  be  the  duty  of  the  county  clerk  immediately  to  transmit  notice 
thereof  to  the  superintendents  of  all  state  and  incorporated  institutions  authorized 
to  receive  or  place  out  any  child  on  contract,  indenture  or  adoption.  For  any  work 
done  or  expenses  incurred  by  the  said  deputy  county  agent  under  the  terms  of  this 
act,  he  shall  receive  the  same  compensation  and  the  same  fees,  and  they  shall  be  paid 
him,  in  the  same  manner,  as  is  herein  provided  for  compensation  and  fees  for  county 
agents  for  like  work  done  or  expenses  incurred.  The  said  deputy  county  agent  shall  hold 
office  at  the  pleasure  of  the  county  agent.  Any  vacancy  in  the  office  of  said  deputy 
.county  agent  shall  be  filled  in  the  manner  herein  provided  for  the  appointment  of  the 
deputy  to  be  first  appointed  under  this  act.  The  said  deputy  shall,  whenever  so  re- 
quired by  the  State  Board  of  Corrections  and  Charities,  make  a  full  report  of  his 
acts  and  conduct. 

§  13.  The  attorney-general  shall  prepare  a  uniform  system  of  blanks  which  shall 
be  furnished  by  the  county  to  carry  out  the  provisions  of  this  act. 

§  14.  All  acts  or  parts  of  acts  inconsistent  herewith  are  repealed.  Provided,  That 
nothing  in  this  act  shall  be  construed  to  repeal  any  portion  of  the  acts  covering  the 
state  public  school :  Provided  further,  That  this  act  shall  be  of  no  effect  as  to  any 
proceeding  or  proceedings  pending  at  the  time  this  act  takes  effect :  And  provided 
further,  That  the  provisions  of  this  act  shall  not  apply  to  the  counties  of  Berrien, 
Jackson,  Houghton,  Mecosta,  Barry,  Ottawa  and  Manistee.  And  as  to  those  counties 
the  present  law  is  not  repealed. 


REPORT  OP  THE  PROBATION  COMMISSION.  207 

MINNESOTA. 
Juvenile  Probation. 

Chapter  154,   April  11,   1899. 
AN  ACT  establishing  a  probation  system  for  juvenile  delinquents. 

Section  1.  In  each  county  in  the  state  of  Minnesota  containing  more  than  fifty 
thousand  (50,000)  inhabitants  there  shall  be  appointed  an  officer  to  be  known  as  the 
probation  officer.  The  said  probation  officer  shall  be  nominated  by  the  State  Board  of 
Corrections  and  Charities,  but  said  nomination  shall  not  be  effective  until  it  shall  be 
approved  and  confirmed  by  a  majority  of  the  judges  of  the  district  court  in  and  for 
such  county,  and  such  probation  officer  shall  have  the  power  and  authority  to 
appoint  one  of  more  deputy  probation  o'fficers,  subject  to  the  approval  of  the  judges 
of  the  district  court.  Such  probation  officer  and  his  deputies  shall  be  appointed  for  a 
term  of  two  years,  subject  to  removal  by  a  majority  of  the  district  judges  for  cause. 

§  2.  It  shall  be  the  duty  of  said  probation  officer  or  his  deputy  to  be  present  at 
all  sessions  of  the  municipal  court  in  and  for  the  principal  city  in  said  county,  and 
to  be  present  in  the  district  court  of  said  county  whenever  any  person  under  the  age 
of  eighteen  (18)  years  is  brought  into  court  for  trial,  charged  with  incorrigibility, 
vagrancy  or  with  any  violation  of  any  state  or  municipal  law  or  ordinance  or 
regulation.  It  shall  be  the  duty  of  said  probation  officer  or  his  deputy  to  be  present 
in  the  probate  court  of  such  county,  whenever  any  such  child  shall  be  brought  into 
said  court  for  the  purpose  of  having  it  determined  whether  such  child  shall  be  com- 
mitted to  the  proper  state  institution. 

§  3.  It  shall  be  the  duty  of  the  said  probation  officers  to  represent  the  interests 
of  such  child  in  court ;  to  make  investigations  with  reference  to  the  case,  which  the 
judge  may  direct  and  take  an  oversight  of  such  child  should  the  case  be  continued 
or  the  sentence  be  suspended  and  in  general  to  perform  such  acts  with  reference  to 
such  child  as  the  judgment  of  the  court  may  direct,  which  judgment  may  be  such 
as  shall  be  deemed  for  the  best  interests  of  the  child  and  of  society.  Said  probation 
offices  .shall  not  be  active  members  of  the  regular  police  force,  but  shall  in  the 
execution  of  their  official  duties  have  all  the  powers  of  police  officers.  Any  officer 
who  refuses  or  neglects  to  make  returns  or  to  perform  any  of  the  duties  required  of 
him  by  this  act  shall  forfeit  two  hundred  dollars  ($200)  to  the  use  of  the  common- 
wealth. 

§  4.  When  any  child  under  the  age  of  eighteen  (18)  years  shall  be  found  guilty 
of  the  violation  of  any  law,  ordinance  or  regulation  or  of  incorrigibility,  or  vagrancy 
in  any  .court  of  record  in  any  county  containing  more  than  fifty  thousand  (50,000) 
inhabitants  after  pronouncing  sentence,  the  judge  may  stay  the  execution  of  the 
sentence  for  such  period  as  he  may  deem  proper,  not  exceeding  one  (1)  year,  condi- 
tioned upon  the  good  behavior  of  the  child,  committing  the  child  on  probation 
during  such  stay  to  the  care  of  the  probation  officer,  or  he  may  return  the  child  to 
the  custody  of  his  natural  guardian,  subject  to  the  supervision  of  the  probation  officer, 
under  such  conditions  as  the  court  may  prescribe.  If  at  any  time  during  the  stay  of 
execution  of  the  sentence  it  shall  be  made  to  appear  to  the  satisfaction  of  the  court 
that  the  sentence  should  be  enforced  the  court  shall  have  the  power  to  revoke  the 
stay  of  execution  and  enforce  the  sentence  immediately.  If  at  the  expiration  of  the 
stay  it  shall  appear  to  the  satisfaction  of  the  court  that  the  said  child  has  complied 
faithfully  with  the  conditions  of  his  probation  the  court  may  suspend  sentence 
absolutely.  The  court  may  in  its  discretion  hold  separate  sessions  for  the  trial  and 
disposition  of  such  cases. 

§  5.  Each  person  released  upon  probation,  as  aforesaid,  shall  be  furnished  by  the 
court  with  a  written  statement  of  the  terms  and  conditions  of  his  release.  Each 
probation  officer  shall  keep  full  records  of  all  cases  investigated  by  him,  of  all  cases 
placed  in  his  care  by  the  court  and  of  any  other  duties  performed  by  him  under  this 
act. 

§  6.  It  shall  be  the  duty  of  said  probation  officer  to  report  in  writing  to  the  court 
as  often  as  the  court  shall  require  with  reference  to  the  children  committed  to  his 
care,  and  it  shall  be  the  duty  of  said  officers  to  report  to  the  State  Board  of  Cor- 
rections and  Charities  the  condition  and  disposition,  and  such  other  pertinent  facts 
relative  to  such  children,  quarterly,  on  such  blanks  as  the  said  board  may  prescribe 
and  furnish.  Said  board  shall  also  prescribe  the  forms  of  and  furnish  such  other 
blanks  and  books  of  record  as  may  be  required  in  the  execution  of  this  act. 


208  REPORT  OF  THE  PROBATION  COMMISSION. 

§  7.  The  said  probation  officer  shall  receive  from  the  county  treasurer  of  the 
county  wherein  such  services  are  rendered,  a  salary  of  eight  hundred  dollars  ($800) 
per  year,  in  counties  of  more  than  one  hundred  thousand  (100,000)  inhabitants,  and 
three  hundred  ($300.00)  dollars  per  year  in  counties  of  less  than  one  hundred 
thousand  (100,000)  inhabitants,  and  the  clerk  of  the  district  court  shall  issue  a  cer- 
tificate on  the  county  treasurer  for  said  amount  to  be  paid  in  twelve  monthly  in- 
stalments and  shall  be  in  full  compensation  for  all  services  rendered  by  said  officer  and 
his  deputies. 

§  8.  All  acts  or  parts  of  acts  or  provisions  of  acts  which  are  inconsistent  with  this 
act  are  hereby  repealed. 

§   9.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Juvenile  •  Probation. 

Chapter  270,  April  18,  1903  :   amdg.   1899  ch.   154. 

Section  1.  That  section  1  of  chapter  154  of  the  General  Laws  of  Minnesota  for  the 
year  1899  be  amended  so  as  to  read  as  follows : 

In  each  county  of  the  State  of  Minnesota  containing  more  than  fifty  thousand 
(50,000)  inhabitants  there  shall  be  appointed  an  officer  to  be  known  as  a  probation 
officer.  The  said  probation  officer  shall  be  nominated  by  the  Board  of  Control  of  State 
Institutions,  but  said  nomination  shall  not  be  effective  until  it  shall  be  approved  and 
confirmed  by  a  majority  of  the  judges  of  the  district  court  in  and  for  such  county, 
and  such  probation  officer  shall  have  the  power  and  authority  to  appoint  one  or  more 
deputy  probation  officers,  subject  to  the  approval  of  the  judges  of  the  district  court. 
Said  probation  officer  and  his  deputies  shall  be  appointed  for  a  term  of  four  years,  sub- 
ject to  removal  by  a  majority  of  the  district  judges  for  cause. 

The  county  commissioners  of  said  county  shall  provide  said  probation  officers  and 
deputy  suitably  furnished  rooms,  record  books,  blanks,  stationery  and  postage  as 
may  be  required  for  the  proper  execution  of  the  purposes  of  this  act,  said  furnishings 
and  office  supplies  to  be  paid  for  out  of  any  monies  in  the  general  fund  of  their  re- 
spective counties  not  otherwise  appropriated  upon  bills  duly  authorized  and  allowed  in 
the  usual  manner  by  said  commissioners. 

§  2.  That  section  two  of  said  chapter  154  of  the  General  Laws  of  Minnesota  for 
1899,  as  amended  by  chapter  102  of  the  General  Laws  of  Minnesota  for  1901,  be 
amended  so  as  to  read  as  follows : 

It  shall  be  the  duty  of  said  probation  officer  or  his  deputy  to  be  present  at  all  ses- 
sions of  the  municipal  court  in  and  for  the  principal  city  in  said  county,  and  to  be 
present  in  the  district  court  of  said  county,  whenever  any  person  under  the  age  of 
twenty-one  years  is  brought  into  court  for  trial,  charged  with  incorrigibility,  vagrancy 
or  with  any  violation  of  any  state  or  municipal  law  or  ordinance  or  regulation.  It 
shall  be  the  duty  of  said  probation  officer  or  his  deputy  to  be  present  in  the  probate 
court  of  such  county  whenever  any  such  child  shall  be  brought  into  said  court  for  the 
purpose  of  having  it  determined  whether  such  child  shall  be  committed  to  the  proper 
state  institution  ;  and  to  supervise  and  be  responsible  for  the  conveyance  of  all  children 
committed  by  said  court  to  the  state  public  school  at  Owatonna,  and  without  com- 
pensation therefor  other  than  transportation  and  other  actual  expense  incurred. 

§  3.  That  section  three  of  chapter  154  of  the  General  Laws  of  Minnesota  for  1899 
be  amended  so  as  to  read  as  follows  : 

It  shall  be  the  duty  of  the  said  probation  officers  to  represent  the  interests  of  such 
child  in  court ;  to  make  investigations  with  reference  to  the  case,  which  the  judge  may 
direct;  to  make  inquiry  into  the  nature  of  every  juvenile  criminal  case  brought  before 
the  court  under  whose  jurisdiction  they  act,  and  they  may  recommend  that  any  such 
person  so  convicted  by  said  court  be  placed  upon  probation  ;  to  take  an  oversight  of 
such  child  should  the  case  be  continued  or  the  sentence  be  suspended,  and  in  general 
to  perform  such  acts  with  reference  to  such  child  as  the  judgment  may  direct,  which 
judgment  may  be  such  as  shall  be  deemed  for  the  best  interest  of  the  child  and  of  so- 
ciety. Said  probation  officers  shall  not  be  active  members  of  the  regular  police  force, 
but  shall  in  the  execution  of  their  official  duties  have  all  the  powers  of  police  officers. 
Any  officer  who  refuses  or  neglects  to  make  returns  or  to  perform  any  of  the  duties 
required  of  him  by  this  act,  shall  forfeit  $200  to  the  use  of  the  commonwealth. 

§  4.  That  section  four  of  said  chapter  154,  as  amended  by  chapter  102  of  the 
General  Laws  of  Minnesota  for  1901,  be  amended  so  as  to  read  as  follows : 


REPORT  OF  THE  PROBATION  COMMISSION.  209 

When  any  child  under  twenty-one  years  shall  be  found  guilty  of  the  violation  of  any 
law,  ordinance  or  regulation  or  of  incorrigibility,  or  vagrancy  in  any  court  of  record 
in  any  county  containing  more  than  50,000  inhabitants,  after  pronouncing  sen- 
tence, the  judge  may  stay  the  execution  of  the  sentence  for  such  period  as  he  may 
deem  proper,  conditioned  upon  the  good  behavior  of  the  child,  committing  the  child  on 
probation  during  such  stay  to  the  care  of  the  probation  officer,  or  he  may  return 
the  child  to  the  custody  of  his  natural  guardian,  subject  to  the  supervision  ot 
the  probation  officer,  under  such  conditions  as  the  court  may  prescribe.  If  at  any 
time  during  the  stay  of  execution  of  the  sentence  it  shall  be  made  to  appear  to  the 
satisfaction  of  the  court  that  the  sentence  should  be  enforced,  the  court  shall  have 
the  power  to  revoke  the  stay  of  execution  and  enforce  the  sentence  immediately.  If 
at.  the  expiration  of  the  stay  it  shall  appear  to  the  satisfaction  of  the  court  that  the 
said  child  has  complied  faithfully  with  the  conditions  of  his  probation,  the  court  may 
suspend  sentence  absolutely.  The  court  may  in  its  discretion  hold  separate  sessions 
for  the  trial  and  disposition  of  such  cases. 

§  5.  That  section  six  of  said  chapter  154  be  amended  so  as  to  read  as  follows : 
It  shall  be  the  duty  of  said  probation  officer  to  report  in  writing  to  the  court  as 
often  as  the  court  shall  require,  with  reference  to  the  children  committed  to  his  care, 
and  it  shall  be  the  duty  of  said  officers  to  report  to  the  Board  of  Control  of  State  In- 
stitutions the  condition  and  disposition,  and  such  other  pertinent  facts  relative  to  such 
children,  quarterly,  on  such  blanks  as  the  said  board  may  prescribe  and  furnish. 
§  6.  That  section  seven  of  said  chapter  154  be  amended  so  as  to  read  as  follows  : 
In  counties  of  more  than  100,000  inhabitants  according  to  the  last  state  or  national 
census  the  said  probation  officer  shall  receive  from  the  county  treasurer  of  the  county 
wherein  such  services  are  rendered,  a  salary  of  $1,200  per  year,  and  the  deputy  pro- 
bation officer  in  such  counties  shall  receive  in  the  same  manner  $500  per  year.  And 
In  counties  of  less  than  100,000  inhabitants  and  more  than  50,000  inhabitants  accord- 
ing to  said  census  the  probation  officer  shall  receive  from  the  county  treasurer  of 
the  said  county  wherein  such  services  are  rendered  a  salary  of  $600  per  year.  Said 
salaries  to  be  paid  by  the  county  treasurers  of  said  counties  in  twelve  equal  monthly 
instalments  upon  the  certificate  of  the  clerk  of  the  district  court  of  said  counties  for 
said  amounts,  and  shall  be  in  full  compensation  for  all  services  rendered  by  said 
officers  or  deputies. 

§   7.  That  this  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Juvenile  Courts  and  Probation  System. 
Chapter  285,  April  19,  1905. 

AN  ACT  to  regulate  the  treatment  and  control  of  dependent,  neglected  and  delinquent 

children. 

Section  1.  This  act  shall  apply  only  to  children  under  the  age  of  seventeen  (17> 
years.  For  the  nurpose  of  this  act  the  words  "dependent  child"  and  "neglected  child" 
shall  mean  any  child  who  for  any  reason  is  destitute  or  homeless  or  abandoned ;  or 
dependent  upon  the  public  for  support;  or  has  not  proper  parental  care  or 
guardianship ;  or  who  habitually  begs  or  receives  alms ;  or  who  is  found 
living  in  any  house  of  ill  fame  or  with  any  vicious  or  disreputable  person, 
or  whose  home  by  reason  of  neglect,  cruelty  or  depravity  on  the  part  of  its 
parents,  the  guardian  or  other  person  in  whose  care  it  may  be,  is  an  unfit  place 
for  such  a  child;  and  any  child  under  the  age  of  ten  (10)  years  who  is  found  begging, 
peddling  or  selling  any  articles  or  singing  or  playing  any  musical  instrument  upon  the 
street,  or  giving  any  public  entertainment,  or  who  accompanies  or  is  used  in  aid  of  any 
person  so  doing.  The  words  "  delinquent  child  "  shall  include  any  child  under  the  age 
of  seventeen  (17)  years  who  violates  any  law  of  this  state,  or  any  city  or  village  or- 
dinance ;  or  who  is  incorrigible ;  or  who  knowingly  associates  with  thieves,  vicious  or 
immoral  persons ;  or  who  without  just  cause  and  without  the  consent  of  his  parents 
or  custodian  absents  itself  from  its  home  or  place  of  abode  ;  or  who  is  growing  up  in- 
idleness  or  crime ;  or  who  knowingly  frequents  a  house  of  ill  fame ;  or  know- 
ingly patronizes  any  policy  shop  or  place  where  any  gaming  device  is  or  shall  be 
operated  ;  or  who  frequents  any  saloon  or  dram  shop  where  intoxicating  liquors  are 
sold,  or  who  patronizes  or  visits  any  public  pool  room  or  bucket  shop ;  or  who  wan- 
ders about  the  streets  in  the  night  time  without  being  in  any  lawful  business  or  oc- 

14 


210  REPORT  OP  THE  PROBATION  COMMISSION. 

cupation ;  or  who  habitually  wanders  about  any  railroad  yards  or  tracks  or  jumps  or 
hooks  on  to  any  moving  train  or  enters  any  car  or  engine  without  lawful  authority  ;  or 
who  habitually  uses  vile,  obscene,  vulgar,  profane  or  indecent  language ;  or  who  is 
guilty  of  immoral  conduct  in  any  public  place  or  about  any  school  house.  Any  child 
committing  any  of  the  acts  herein  mentioned  shall  be  deemed  a  delinquent  child,  and 
shall  be  proceeded  against  as  such  in  the  manner  hereinafter  provided.  A  disposition 
of  any  child  under  this  act  or  any  evidence  given  in  such  cause  shall  not  in  any  civil, 
criminal  or  other  cause  or  proceeding  whatever  in  any  court  be  lawful  or 
proper  evidence  against  such  child  for  any  purpose  whatever  excepting  sub- 
sequent cases  against  the  same  child  under  this  act.  The  word  "child" 
or  "children"  may  mean  one  or  more  .children,  and  the  word  "parent" 
or  "parents"  may  be  held  to  mean  one  or  both  parents  when  consistent 
with  the  intent  of  this  act.  The  word  "association"  shall  include  any  cor- 
poration which  includes  in  its  purpose  'the  care  or  disposition  of  children  coming 
within  the  meaning  of  this  act. 

§  2.  The  district  court  in  counties  having  over  fifty  thousand  (50,000)  population 
shall  have  original  and  exclusive  jurisdiction  of  all  cases  coming  within  the  terms 
of  this  act.  In  all  trials  under  this  act  except  as  hereinafter  provided,  any  person 
interested  therein  may  demand  a  jury ;  or  a  judge  of  his  own  motion  may  order  a 
jury  to  try  the  case. 

§  3.  In  counties  having  over  50,000  population  the  judges  of  the  district  courts 
shall  at  such  times  as  they  shall  determine,  designate  one  or  more  of  their  number, 
whose  duty  it  shall  be  to  hear  all  cases  arising  under  this  act,  and  such  designation 
shall  be  for  a  period  of  one  year,  or  until  otherwise  ordered.  A  special  court  rooom, 
to  be  designated  as  the  juvenile  court  room  shall  be  provided  for  the  hearing  of  such 
cases,  and  the  finding  of  the  court  shall  be  entered  in  a  book  or  books  to  be  kept  for 
that  purpose,  and  known  as  the  "Juvenile  Record,"  and  the  court  may  for  convenience 
be  called  the  "Juvenile  Court." 

§  4.  Any  reputable  person  resident  in  the  county,  having  knowledge  of  a  child  in 
his  county  who  appears  to  be  either  neglected,  dependent  or  delinquent,  may  file  with 
the  clerk  of  a  court  having  jurisdiction  in  the  matter  a  petition  in  writing,  setting 
forth  the  facts  verified  by  affidavit.  The  petition  shall  set  forth  the  name  and  resi- 
dence of  each  parent,  if  known,  and  if  both  are  dead  or  the  residence  unknown,  then 
the  name  and  residence  of  the  legal  guardian,  if  known,  or  if  not  known,  then  the 
jiame  and  residence  of  some  near  relative,  if  one  there  be,  and  his  residen.ee  is  known. 
Jt  shall  be  sufficient  that  the  affidavit  is  upon  information  and  belief. 

§  5.  Upon  the  filing  of  the  petition  a  summons  shall  be  issued  by  the  clerk  of  the 
court  requiring  the  person  having  custody  and  control  of  the  child,  or  with  whom  the 
child  may  be,  to  appear  with  the  child  at  a  place  and  time  stated  in  the  summons, 
which  time  shall  not  bo  less  than  twenty-four  hours  after  service.  Such  summons 
shall  be  served  as  provided  by  law  for  the  service  of  summons  as  in  civil  actions. 
The  parents  of  the  child  if  living,  and  their  residence  is  known  or  its  legal  guardian, 
if  one  there  be,  or  if  there  is  neither  parent  nor  guardian,  or  if  his  or  her  residence 
is  not  known,  then  some  relative,  if  there  be  one  and  whose  residence 
is  known,  shall  be  notified  of  the  proceedings,  and  in  any  case  the  judge  may  appoint 
some  suitable  person  to  act  in  behalf  of  the  child.  Where  the  person  to  be  notified 
resides  within  the  county,  service  of  notice  shall  be  the  same  as  service  of  the  sum- 
mons, but  in  any  other  case  service  of  notice  shall  be  made  in  such  manner  as  the 
court  may  direct.  If  the  person  summoned  as  herein  provided  shall  fail  without  rea- 
sonable cause  to  appear  and  abide  the  order  of  the  court,  or  bring  the  child,  he  may 
be  proceeded  against  as  in  case  of  contempt  of  court.  In  case  the  summons  cannot 
be  served  or  the  party  fails  to  obey  the  same,  and  in  any  case  when  it  shall  be  made 
to  appear  to  the  court  that  such  summons  will  be  ineffectual,  a  warrant  may  issue  on 
the  order  of  the  court,  either  against  the  parent  or  guardian  or  the  person  having  cus- 
tody of  the  child  or  with  whom  the  child  may  be  or  against. the  child  itself.  On  the 
return  of  the  summons  or  other  process,  or  on  the  appearan.ce  of  the  child  with  or 
without  summons  or  other  process  in  person  before  the  court,  and  on  the  return  of 
the  service  of  notice,  if  there  be  any  person  to  be  notified  or  a  personal  appearance  or 
written  consent  to  the  proceedings  of  the  person  or  persons,  if  any  to  be  notified,  or  as 
soon  thereafter  as  may  be  the  court  shall  proceed  to  hear  and  dispose  of  the  case  in  a 
summary  manner.  Pending  the  final  disposition  of  any  case,  the  child  may  be  re- 
tained in  the  possession  of  the  person  having  charge  of  the  same,  or  may  be  kept 
in  some  suitable  place  provided  by  the  city  or  county  authorities. 


REPORT  OF  THE  PROBATION  COMMISSION.  211 

§  6.  The  court  shall  have  authority  to  appoint  or  designate  one  or  more  discreet 
persons  of  good  character  to  serve  as  probation  officers  during  the  pleasure  of  the 
court ;  such  probation  officers  shall  act  under  the  orders  of  the  court  in  reference  to 
any  child  or  children,  icommitted  to  his  care,  and  it  shall  be  the  duty  of  said  probation 
officers  to  make  such  investigations  with  regard  to  any  child  or  children  as  may  be 
required  by  the  court  before  or  after  trial  and  to  furnish  to  the  court  such  informa- 
tion and  assistance  ^  as  the  judge  may  require,  and  to  take  charge  of  any  child  or 
children  before  or  after  trial,  whenever  he  may  be  so  directed  by  the  court,  and  to 
keep  such  rcords  and  to  make  such  reports  as  the  court  may  order  or  direct.  Proba- 
tion officers  heretofore  or  hereafter  appointed  under  the  provisions  of  chapter  154  of 
the  General  Laws  of  Minnesota  for  1899.,  and  all  laws  amendatory  thereof  shall  be 
subject  to  the  orders  of  the  court  in  reference  to  all  matters  covered  by  the  provisions 
of  this  act.  Probation  officers  appointed  under  authority  of  this  act  shall  serve  with- 
out compensation  from  the  county,  save  only  that  the  majority  of  the  judges  of  the 
court  may  direct  the  payment  of  such  salary  to  such  probation  officers  as  may  be  ap- 
proved by  the  board  of  county  commissioners  of  the  county  where  such  officers  are  ap- 
pointed. 

§  7.  When  any  child  under  the  age  of  seventeen  years  shall  be  found  to  be  de- 
pendent or  neglected,  within  the  meaning  of  this  act,  the  court  may  make  an  order 
committing  the  child  to  the  care  of  some  suitable  state  institution  or  to  the  care  ol 
some  reputable  citizen  of  good  moral  character,  as  provided  by  law,  or  to  the  care 
of  some  association  willing  to  receive  it,  embracing  in  its  object  the  purpose  of  caring 
for  or  obtaining  homes  for  dependent  or  neglected  children,  which  association  shall 
have  been  accredited  as  hereinafter  provided.  The  court  may,  when  the  health  or  con- 
dition of  the  child  may  require  it  .cause  the  child  to  be  placed  in  a  public 
hospital  or  institution  for  treatment  or  special  care,  or  in  a  private  hospital  or  insti- 
tution, which  will  receive  it  for  like  purpose  without  charge. 

§  8.  In  any  case  where  the  court  shall  award  a  child  to  the  care  of  any  as- 
sociation or  individual  in  accordance  with  the  provisions  of  this  act,  the  child  shall 
unless  otherwise  ordered,  become  a  ward,  and  be  subject  to  the  guardianship  of  the 
association  or  individual  to  whose  care  it  is  committed.  Such  association  or  indi- 
vidual shall  have  authority  to  place  such  child  in  a  family  home,  with  or  without 
indenture,  and  may  be  made  party  to  any  proceeding  for  the  legal  adoption  of  the 
child,  and  may  by  its  or  his  attorney  or  agent  appear  in  any  court  where  such  proceed- 
ings are  pending  and  assent  to  such  adoption.  And  such  assent  shall  be  sufficient  to 
authorize  the  court  to  enter  the  proper  order  or  decree  of  adoption.  Provided,  how- 
ever, that  when  adoption  proceedings  for  any  such  child  or  children  are  commenced  in 
any  other  court  than  the  court  which  originally  committed  such  child,  then  a  copy  of 
the  petition  in  such  adoption  proceedings  shall  be  filed  in  the  office  of  the  clerk  of  the 
•court  which  originally  committed  such  child,  at  least  thirty  days  before  any  final  de- 
cree of  adoption  shall  be  entered.  Such  guardianship  shall  not  include  the  guardian- 
ship of  the  estate  of  the  child. 

§  9.  In  the  case  of  a  delinquent  child  the  court  may  continue  the  hearing  from  time 
to  time,  and  may  commit  the  child  to  the  care  or  custody  of  a  probation  officer,  and 
may  allow  said  child  to  remain  in  its  own  home,  subject  to  the  visitation  of  the  pro- 
bation officer,  such  child  to  report  to  the  probation  officer  as  often  as  may 
be  required,  and  subject  to  be  returned  to  the  court  for  further  or  other 
proceedings  whenever  such  action  may  appear  to  be  necessary ;  or  the  court 
may  cause  the  child  to  be  placed  in  a  suitable  family  home  subject  to  the 
friendly  supervision  of  a  probation  officer  and  the  further  order  of  the  court ;  or  it 
may  authorize  the  child  to  be  boarded  out  in  some  suitable  family  home,  in  case  pro- 
vision is  made  by  voluntary  contribution  or  otherwise  for  the  payment  of  the  board  of 
such  child,  until  suitable  provisions  may  be  made  for  the  child  in  a  home  without 
such  payment,  or  the  court  may  commit  such  child  to  the  State  Training  School,  or 
the  court  may  commit  the  child  to  any  institution  incorporated  under  the  laws  of  this 
state,  that  may  care  for  delinquent  children,  or  be  provided  by  city  or  county  suitable 
to  the  care  of  such  children,  or  to  any  state  institution  which  may  be  established  for 
the  care  of  delinquent  children.  In  no  case  shall  a  child  be  committed  beyond  his  or 
her  minority.  A  child  committed  to  such  institution  shall  be  subject  to  the  control  of 
the  board  of  managers  thereof,  and  the  said  board  shall  have  power  to  parole  such 
child  on  such  conditions  as  it  may  prescribe,  and  the  court  shall,  on  the  recommen- 
dation of  the  board,  have  power  to  discharge  such  child  from  custody  whenever,  in 
the  judgment  of  the  court,  his  or  her  reformation  is  complete  or  the  court  may  com- 


212  REPORT  OF  THE  PROBATION  COMMISSION. 

mit  the  child  to  the  care  and  custody  of  some  association  that  will  receive  it,  em- 
bracing in  its  objects  the  care  of  neglected  or  dependent  children,  and  that  has  been 
duly  accredited  as  hereinafter  provided.  The  district  court  may,  in  its  discretion, 
cause  any  delinquent  child  to  be  proceeded  against  in  accordance  with  the  laws  that 
may  be  in  force  governing  the  commission  of  crimes  and  misdemeanors,  or  the  viola- 
tion of  municipal  ordinance. 

§  10.  In  any  case  in  which  the  court  shall  find  a  child  neglected,  dependent,  or  de- 
linquent, it  may,  in  the  same  or  subsequent  proceedings,  upon  the  parents  of  said  child, 
or  either  of  them  being  duly  summoned,  or  voluntarily  appearing,  proceed  to  inquire 
into  the  ability  of  such  parent  or  parents  to  support  the  child  or  contribute  to  its 
support,  and  if  the  court  shall  find  such  parent  or  parents  able  to  support  the  child  or 
contribute  tnereto,  the  court  may  enter  such  order  or  decree  as  shall  be,  according 
to  equity  in  the  premises,  and  may  enforce  the  same  execution,  or  in  any  way  in 
which  a  court  of  equity  may  enforce  its  orders  or  decrees. 

§  11.  All  associations  receiving  children  under  this  act  shall  be  subject  to  the 
visitation,  inspection  and  supervision  by  the  State  Board  of  Control  as  are  the  public 
charitable  institutions  of  this  state,  and  it  shall  be  the  duty  of  said  board  to  pass 
annually  upon  the  fitness  of  every  such  association  as  may  receive,  or  desire  to  re- 
ceive, children  under  the  provisions  of  this  act,  and  every  such  association  shall 
annually,  at  such  time  as  said  board  shall  direct,  make  report  thereto,  showing  its 
condition,  management  and  competency  to  adequately  care  for  such  children  as  are, 
or  may  be  committed  to  it,  and  such  other  facts  as  said  board  may  require,  and  upon 
said  board  being  satisfied  that  such  association  is  competent  and  has  adequate  facilities 
to  care  for  such  children,  it  shall  issue  to  the  same  a  certificate  to  that  effect,  which 
certificate  shall  continue  in  force  for  one  year  unless  sooner  revoked  by  said  board, 
and  no  child  shall  be  committed  to  any  such  association,  which  shall  not  have  re- 
ceived a  certificate  within  fifteen  months  next  preceding  the  commitment.  The  court 
may,  at  any  time,  require  from  any  association  receiving  or  desiring  to  receive  chil- 
dren under  the  provisions  of  this  act,  such  reports,  information  and  statements  as  the 
judge  shall  deem  proper  or  necessary  for  his  action,  and  the  court  shall  in  no  case 
be  required  to  commit  a.  child  to  any  association  whose  standing,  conduct  or  care  of 
children  or  ability  to  care  for  the  same  is  not  satisfactory  to  the  court. 

§  12.  It  shall  be  lawful  for  the  parents,  parent,  guardian  or  other  persons  having 
the  right  to  dispose  of  a  dependent  or  neglected  child  to  enter  into  an  agreement 
with  any  association  or  institution  incorporated  under  any  public  or  private  law  of 
this  state  for  the  purpose  of  aiding,  caring  for  or  placing  in  homes  such  children,  and 
being  approved  as  herein  provided,  for  the  surrender  of  such  child  to  such  association 
or  institution,  to  be  taken  and  cared  for  by  such  association  or  institution  or  put  into 
a  family  home.  Such  agreement  may  contain  any  and  all  proper  stipulations  to  that 
end,  and  may  authorize  the  association  or  institution,  by  its  attorney  or  agent,  to  ap- 
pear in  any  proceeding  for  the  legal  adoption  of  such  child,  and  to  consent  to  its  adop- 
tion and  the  order  of  the  court  made  upon  such  consent  shall  be  binding  upon  the 
child  and  its  parents  or  guardian  or  other  person  the  same  as  if  such  person  were 
personally  in  court  and  consented  thereto,  whether  made  party  to  the  proceeding 
or  not. 

§  13.  The  court  in  committing  children  shall  place  them,  as  far  as  it  deems  prac- 
ticable in  the  care  and  custody  of  some  individual  holding  the  same  religious  belief 
as  the  parents  of  said  child,  or  with  some  association  which  is  controlled  by  persons  of 
like  religious  faith  of  the  parents  of  the  said  child. 

§  14.  This  act  shall  be  liberally  construed  to  the  end  that  its  purpose  may  be  car- 
ried out,  to  wit :  That  the  care,  custody  and  discipline  of  a  child  shall  approximate  as 
nearly  as  may  be  that  which  should  be  given  by  its  parents,  and  in  all  cases  where 
it  can  properly  be  done,  the  child  to  be  placed  in  an  approved  family  home  and  become 
a  member  of  the  family  by  legal  adoption  or  otherwise. 

§  15.  This  act  shall  take  effect  and  be  in  force  from  and  after  the  first  day  of 
June,  1905. 

Appointment  and  Compensation  of  Probation  Officers. 
Chapter  321,   April  19,   1905  :   amdg.  1899  ch.  154. 

Section  1.  That  section  one  of  chapter  154  of  the  General  Laws  of  Minnesota  for 
the  year  1899  as  amended  by  chapter  270  of  the  General  Laws  of  Minnesota  for  1903, 
be  amended  so  as  to  read  as  follows  : 


REPORT  OP  THE  PROBATION  COMMISSION.  213 

1.  In    every    county    of   more    than    50,000    inhabitants    a    probation    officer    shall 
be  appointed  by  the  district  Judges  of  such  county.     Such  officer  may  appoint  one  or 
more  deputies,  subject  to  the  approval  of  said  judges.     Each  shall  serve  four  years, 
unless  sooner  removed  by  said  judges  for  cause.     The  county  commissioner  of   said 
counties  shall  provide  said  probation  officers  and  deputies  suitably  furnished  office  rooms, 
record  books,  blanks,  stationery,  postage  and  their  actual  expenses  required  for  the 
proper  execution  of  the  purposes  of  this  act,  to  be  defrayed  out  of  any  moneys  in  the 
general  fund  of  their  respective  counties  not  otherwise  appropriated,  upon  bills  duly 
authorized  and  allowed  in  the  usual  manner  by  said  commissioners. 

2.  That   section  two  of   chapter  154   of   the  General  Laws   of   Minnesota  for   1899 
as  amended  by  chapter  102  of  the  General  Laws  of  Minnesota  for  1901,  and  by  chap- 
ter 270  of  the  General  Laws  of  Minnesota  for  the  year  1903,  be  amended  so  as  to 
read  as  follows  : 

2.  Such  officer  or  his  deputy  shall  be  present  in  the  municipal  court  in  the  principal 
city  in  his  county  and  in  the  district  court  whenever  any  person  under  twenty-one 
years  of  age  is  brought  into  either  court  for  trial  for  any  offense,  and  in  the 
probate  court  when  such  person  is  brought  in  for  the  purpose  of  having  it  determined 
whether  he  should  be  committed  to  a  state  institution.  He  shall  supervise  and  be 
responsible  for  the  conveyance  of  all  children  committed  by  the  court  to  the  State 
Public  School  for  dependent  children,  and,  when  so  directed  by  the  court  to  the  State 
Training  School,  without  compensation,  except  transportation  and  expenses  actually 
incurred. 

§  3.  That  section  seven  of  said  chapter  154  as  amended  by  section  six  of  chapter  270 
of  the  General  Laws  of  Minnesota  for  1903,  be  amended  so  as  to  read  as  follows : 

§  7.  In  counties  having  a  population  of  more  than  50,000  and  less  than  100,000,  the 
probation  officer  shall  receive  as  full  compensation  for  his  services^  $600. 00  per  an- 
num, and  in  counties  having  a  population  of  100,000  or  more  he  shall  receive  $1500.00 
per  annum,  and  each  deputy  $720.00,  which  salaries  shall  be  paid  by  the  county 
treasurer  in  equal  monthly  instalments,  upon  certificates  issued  by  the  clerk  of  the 
district  court. 

§  4.  Nothing  in  this  act  shall  be  understood  to  abridge  or  shorten  the  term  of  office 
of  any  probation  officer  heretofore  appointed  under  the  provisions  of  chapter  154  of  the 
General  Laws  of  Minnesota  for  the  year  1899,  and  acts  amendatory  thereof,  but  any  such 
officer  heretofore  appointed  shall  continue  in  office  until  the  expiration  of  the  term 
for  which  he  was  appointed,  subject,  however,  to  removal  by  the  district  court  for 
cause. 

§  5.  This  act  shall  take  effect  and  be  in  force  from  and  after  the  first  day  of  June, 
1905. 

MISSOURI. 
Juvenile  Probation  System. 

Page  135,  March  26,  1901. 
AN   ACT   to   establish   a   probation   system  for   juvenile   delinquents   in   certain   cities. 

Section  1.  In  each  city  in  this  state  containing  350,000  inhabitants  or  more  there 
shall  be  appointed  an  officer,  to  be  known  as  a  probation  officer.  The  said  proba- 
tion officer  shall  be  nominated  by  the  state  board  of  charities  and  corrections,  but 
said  nomination  shall  not  be  effective  until  it  shall  be  approved  by  a  judge 
of  the  criminal  court  or  a  majority  of  the  judges  of  the  circuit  court  in  and  for 
said  city ;  and  such  probation  officer  shall  have  the  power  and  authority  to  appoint  one 
or  more  deputy  probation  officers,  subject  to  the  approval  of  the  judge  of  the  crim- 
inal court  or  the  judges  of  the  circuit  court.  Said  probation  officer  and  his  deputies 
shall  be  appointed  for  a  term  of  two  years,  subject  to  removal  by  a  majority  of  the 
circuit  Judges,  for  cause.  Women  shall  not  be  disqualified  from  holding  the  position 
of  deputy  probation  officers. 

§  2.  It  shall  be  duty  of  said  probation  officer  and  bis  deputies  to  proceed  at  once 
to  investigate  the  social  environments,  past  conduct  and  general  character  of  any 
child  under  sixteen  years  of  age  as  soon  as  practicable  after  the  child's  arrest,  or  vio- 
lation of  any  state  law  or  municipal  ordinance ;  also  to  learn  the  names  of  the 
parents,  guardian  or  relatives  or  other  persons  having  the  custody  of  or  interested 
in  the  welfare  of  such  child,  and  such  information  reduced  to  a  concise  statement  in 
•writing  shall,  with  all  convenient  speed,  be  lodged  with  the  court  having  jurisdiction 
of  the  offense  and  the  child  in  question,  accompanied  with  the  names  of  witnesses  to 


214  KEPOKT  OF  THE  PROBATION  COMMISSION. 

be  subpoenaed  for  proof  of  such  facts,  if  deemed  advisable  by  the  court.  It  shall  fu;  - 
ther  be  the  duty  of  said  probation  officer  or  deputy  to  attend  the  session  of  court  at 
which  the  hearing  or  trial  of  such  child  may  occur,  and  other  sessions  of  court  when 
its  interests  demand  and  shall  represent  the  child  and  do  such  acts  with  reference 
to  supervising  its  conduct  as  the  court  may  direct,  with  power  to  visit  said  child  from 
time  to  time  as  its  interests  and  the  interests  of  society  may  demand,  in  the  opinion 
of  the  court  or  of  said  probation  officer.  It  shall  be  the  duty  of  all  police  officers 
making  arrrests  of  children  under  sixteen  years  of  age  to  at  once  give  information  of 
that  fact  to  the  probation  officer,  or  one  of  his  deputies,  and  also  to  furnish  such 
probation  officer  with  all  the  facts  in  his  posesssion  pertaining  to  said  child,  its 
parents,  guardian  or  other  person  likely  to  be  interested  in  such  child,  and  also  the 
nature  of  the  charge  to  be  preferred  against  such  child. 

§  3.  At  any  time  after  arrest,  either  before  or  after  trial  the  court  shall  have  the 
power  in  the  absence  of  bail  being  furnished  for  such  child,  to  liberate  such  child 
upon  its  own  recognizance,  or  to  commit  it  to  the  custody  of  its  parent,  guardian 
or  other  suitable  person  to  be  produced  by  such  person  for  trial  at  such  time  as  the 
court  may  direct.  Upon  a  trial  or  a  hearing  of  the  cause  the  court  may,  in  its  dis- 
cretion, defer  entering  up  any  judgment  or  conviction  against  said  child,  and  may 
commit  to  its  parent,  guardian  or  other  suitable  custodian  to  be  visited  by  said  pro- 
bation officer  or  deputy  as  aforesaid,  at  such  time  as  such  officer,  or  the  court  may 
deem  advisable ;  and  in  the  event  of  the  conviction  of  such  child  the  court  may 
suspend  or  stay  execution  of  sentence  and  commit  such  child  to  such  persons  as 
aforesaid,  and  under  like  conditions  for  the  space  of  not  more  than  one  year;  and  if 
during  such  time  the  conduct  of  the  child  shall  have  been  satisfactory,  the  court  may 
in  its  discretion  set  aside  or  stay  .the  execution  altogether..  In  the  event  that  the 
court  shall  becojne  satisfied  that  the  conduct  of  the  child  does  not  warrant  further 
leniency,  it  may  proceed  to  try  the  cause  and  impose  sentence  or  enforce  execution 
where  sentence  has  already  been  pronounceu,  but  execution  suspended.  It  shall  bo  the 
duty  of  jailers  and  others  having  the  custody  of  children  under  sixteen  years  of  age  to 
provide  for  them,  as  far  as  practicable,  compartments  or  places  of  incarceration 
separate  and  removed  from  other  prisoners. 

§  4.  Each  person  released  upon  probation  as  aforesaid  shall  be  furnished  by  the 
court,  or  the  clerk  thereof,  with  a  written  statement  of  the  terms  of  his  release. 
Every  probation  officer  shall  keep  full  records  of  all  cases  investigated  by  him ;  of 
all  cases  placed  in  his  care  by  the  court  and  of  any  other  duties  performed  by  him 
under  this  act. 

§  5.  It  shall  be  the  duty  of  said  probation  officer  to  report  in  writing  to  the 
court  as  often  as  the  court  shall  require  with  reference  to  the  children  com- 
mitted to  "his  care,  and  it  shall  be  the  duty  of  said  officer  to  report  to  the  State  Board 
of  Charities  and  Corrections  the  condition  and  disposition  of  and  such  other  per- 
tinent facts  relative  to  such  children  quarterly. 

§  6.  The  said  probation  officer  shall  receive  a  salary  of  $800.00  per  annum,  pav 
able  out  of  the  municipal  funds  of  said  city.  Every  assistant  probation  officer  shall 
receive  such  salary  or  compensation  as  may  be  directed  by  the  judges  of  the  circuit 
court  not  exceeding  in  any  case  the  sum  of  $600.00  per  annum,  payable  in  like 
manner  out  of  the  municipal  funds  of  said  city.  Actual  disbursements  for  necessary 
expenses  made  by  probation  officers  while  in  the  performance  of  their  duties  shall  be 
reimbursed  to  them  out  of  the  funds  of  said  city,  after  approval  by  the  judges  of  the* 
circuit  court,  or  one  of  their  number  :  provided,  that  no  officer  shall  be  allowed  for 
such  disbursements  a  greater  sum  than  $100,000  in  any  one  year. 

§  7.  It  shall  be  the  duty  of  the  prosecuting  attorney  representing  the  state  or 
city  in  each  of  the  courts  referred  to  in  this  act,  to  notify  the  probation  officer  of 
the  time  set  for  the  investigation  or  trial  of  any  charge  made  against  any  person 
under  the  age  of  16  years  in  said  court.  The  said  prosecuting  officer  shall  give  the 
probation  officers  such  aid  in  the  performance  of  their  duties  as  may  be  consistent  with 
their  official  relation  to  said  cases. 

§  8.  This  act  shall  not  apply  to  children  under  the  age  of  16  years  who  are 
inmates  of  any  state  institution,  any  training  school  for  boys,  or  industrial  school 
for  girls,  or  any  institution  incorporated  under  the  laws  of  this  state  for  the  care  of 
children ;  but  the  court  may,  in  its  discretion,  acting  under  the  terms  of  this  act, 
commit  any  child  found  guilty  of  the  violation  of  any  law  or  ordinance  to  any  such 
institution  consistently  with  the  law  relating  to  the  same  and  the  rules  and  regula- 
tions thereof. 


REPORT  OF  THE  PROBATION  COMMISSION.  215 

§  9.  Any  probation  officer  may,  without  warrant  or  other  process,  at  any  time 
until  final  disposition  of  the  case,  take  any  person  placed  in  his  care  by  any  court 
and  bring  him  before  the  court,  or  the  court  may  issue  a  warrant  for  the  rearrest  of 
any  such  person ;  and  the  court  may  thereupon  proceed  to  sentence  or  make  any  other 
lawful  disposition  of  the  case. 

§  10.  All  acts  or  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed. 

§  11.  No  adequate  provision  for  the  care  of  juvenile  delinquents  existing  in  cities 
having  350,000  inhabitants  or  more  in  this  state,  there  is  created  an  emergency 
within  the  meaning  of  the  constitution  ;  therefore,  this  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 

Juvenile  Courts  and  Probation  System. 
Page   213,    March   23,   1903  :   repealing   1901   p.    135. 

AN  ACT  to  regulate  the  treatment  and  control  of  neglected  and  delinquent  children 
in  counties  having  a  population  of  150,000  inhabitants  and  over,  with  an  emer- 
gency clause. 

Section  1.  This  act  shall  apply  only  to  children  under  the  age  of  16  years,  not 
now  or  hereafter  inmates  of  any  state  institution,  or  any  training  school  for  boys, 
or  industrial  school  for  girls,  or  any  institution  incorporated  under  the  laws  of  this 
state :  Provided,  that  when  jurisdiction  has  been  acquired  under  the  provisions 
hereof  over  the  person  of  a  child,  such  jurisdiction  shall  continue  for  the  purposes 
of  this  act  until  the  child  shall  have  attained  its  majority.  For  the  purposes  of  this 
act  the  words  "neglected  child"  shall  mean  any  child  under  the  age  of  16  years 
who  is  destitute  or  homeless,  or  abandoned,  or  dependent  upon  the  public  for  support, 
or  who  habitually  begs  or  receives  alms,  is,  found  in  any  house  of  ill-fame,  or  with 
any  vicious  or  disreputable  person,  or  who  is  suffering  from  the  cruelty  or  depravity 
of  its  parents,  or  other  person  in  whose  care  it  may  be.  The  words  "  delinquent 
child  "  shall  include  any  child  under  the  age  of  16  years  who  violates  any  law  of 
this  state  or  any  city  ordinance.  The  word  "child"  or  "children."  may  mean 'one 
or  more  children,  and  the  word  "parent"  or  "parents"  may  be  held  to  mean  one 
or  both  parents,  when  consistent  with  the  intent  of  this  act.  The  word  "  association  " 
shall  include  any  corporation  which  includes  in  its  purposes  the  care  or  discipline 
of  children  coming  within  the  meaning  of  this  act. 

§  2.  The  circuit  courts  exercising  jurisdiction  in  counties  having  a  population  of 
150,000  inhabitants  and  over  in  this  state,  shall  have  original  jurisdiction  of  all 
cases  coming  within  the  terms  of  this  act.  The  city  of  St.  Louis  shall  be  deemed 
to  be  a  county  within  the  meaning  of  this  act. 

§  3.  In  said  counties  the  judges  of  the  circuit  court  shall,  from  time  to  time, 
designate  one  of  their  number,  whose  duty  it  shall  be  to  hear  and  determine  for  such 
time  as  said  judges  shall  designate,  all  cases  coming  under  this  act.  A  court  room 
to  be  designated  the  "Juvenile  Court  room  "  shall  be  provided  or  assigned  for  the 
hearing  of  such  cases,  and  the  proceedings  of  the  court  in  such  cases  shall  be  entered 
in  a  book  or  books  to  be  kept  for  that  purpose,  and  known  as  the  Juvenile  Record, 
and  the  court  may  for  convenience  be  called  the  Juvenile  Court.  The  practice  and 
procedure  prescribed  by  law  for  the  conduct  of  criminal  cases  so  far  as  same  may  be 
applicable  and  when  not  herein  otherwise  provided,  shall  govern  all  proceedings  under 
this  act.  In  all  trials  under  this  act  any  person  interested  therein  may  demand  a 
jury. 

§  4.  Any  reputable  person,  being  a  resident  in  the  county,  having  knowledge  or 
information  of  a  child  in  the  county  who  appears  to  be  a  neglected  child,  may  file 
with  the  clerk  of  the  Juvenile  Court,  a  petition  in  writing  setting  forth  the  facts, 
verified  by  affidavit.  It  shall  be  sufficient  that  the  affidavit  be  upon  information  and 
belief. 

§  5.  Upon  the  filing  of  the  petition,  unless  the  parties  shall  voluntarily  appear 
or  be  in  court,  a  summons  shall  issue  in  the  name  of  the  state  of  Missouri  requiring 
the  child  and  the  person  having  custody  or  control  of  the  child  or  with  whom  the  child 
may  be,  to  appear  with  the  child,  at  the  place  and  at  the  time  set  in  the  summons, 
which  shall  not  be.  later  than  twenty-four  hours  after  service,  unless  otherwise 
directed  by  the  court  or  judge.  The  parents  of  the  child,  if  living,  and  their  resi- 
dence known,  or  its  legal  guardian,  or  if  his  or  her  residence  is  unknown,  then 
some  relative,  if  there  be  one,  and  his  or  her  residence  Is  known,  shall  be  notified  of 


216  REPORT  OP  THE  PROBATION  COMMISSION. 

the  proceedings  and  in  any  case  the  court  may  appoint  some  suitable  person  or 
association  to  act  in  behalf  of  the  child.  If  the  person  summoned,  as  herein  provided, 
shall  fail  without  reasonable  cause  to  appear  and  abide  the  court,  or  to  bring  the 
child,  such  person  may  be  proceeded  against,  as  in  case  of  contempt  of  court.  If 
it  shall  appear  to  the  satisfaction  of  the  court  that  there  is  no  person  in  charge  or 
care  of  the  child,  the  court  may  order  the  sheriff  to  take  control  of  the  child  and 
bring  him  into  court.  On  the  return  of  the  summons,  or  other  process,  or  as  soon 
thereafter  as  may  be,  the  court  shall  proceed  to  hear  the  case  in  a  summary  man- 
ner, and  if  it  shall  determine  that  the  child  is  a  "  neglected  child  "  within  the 
definition  thereof  .contained  herein,  shall  enter  its  order  or  judgment  accordingly 
under  the  provisions  of  this  act;  and  the  cost  of  proceedings  may,  in  the  discretion 
of  the  court,  be  adjusted  against  the  petitioner  or  any  person  or  persons  so  sum- 
moned, or  appearing,  as  the  case  may  be,  and  collected  by  law  in  civil  cases.  All 
costs  not  so  collected  shall  be  paid  by  -the  county.  Pending  the  disposition  of  any 
case,  the'  child  may  be  retained  in  the  custody  of  the  person  having  charge  of  the 
same,  or  may  be  kept  in  some  suitable  place  provided  by  the  county  authorities,  or 
by  any  association  having  for  one  of  its  objects  the  care  of  delinquent  or  neglected 
children  or  in  such  other  custody  as  the  court  may  direct. 

§  6.  The  circuit  qourt  shall  appoint  or  designate  a  discreet  person  of  good  char- 
acter, to  serve  as  probation  officer  during  the  pleasure  of  the  court.  Wherever  there 
is  to  be  a  child  brought  before  the  juvenile  court,  it  shall  be  the  duty  of  the  clerk 
of  the  court  if  practicable,  to  notify  the  said  probation  officer  in  advance  of  the  time 
when  any  child  is  to  be  brought  before  the  court.  It  shall  be  the  duty  of  the  said 
probation  officer  to  make  such  investigation  of  such  child  as  may  be 
required  by  the  court,  to  be  present  in  court  to  represent  the  in- 
terests of  the  child  when  the  case  is  heard,  and  to  furnish  to  the 
court  such  information  and  assistance  as  the  judge  may  require,  and  to  take  charge 
of  any  child  before  and  after  trial,  -as  may  be  directed  by  the  .court ;  and  the  court 
shall  have  power  to  make  and  enforce  rules  specifying  the  duties  of  probation 
officers  in  any  and  all  cases. 

§  7.  When  any  child  under  the  age  of  16  years  shall  be  found  to  be  neglected 
within  the  meaning  of  this  act,  the  juvenile  court  may  make  an  order  committing  the 
child,  under  such  conditions  as  it  may  prescribe,  to  the  care  of  some  reputable 
person  of  good  moral  character,  or  to  the  care  of  some  association  willing  to  receive 
it,  embracing  in  its  object  the  purpose  of  caring  for  neglected  children. 

§  8.  When  in  any  such  county,  a  child  under  the  age  of  16  years  is  arrested  with 
or  without  warrant,  such  child  shall,  instead  of  being  taken  for  trial  before  a  justice 
of  the  peace,  or  police  magistrate,  or  judge  of  any  other  court,  now  or  hereafter 
having  jurisdiction  of  the  offenses  charged,  be  taken  directly  before  such  juvenile 
court;  or  if  the  child  shall  have  been  taken  before  a  justice  of  the  peace  or  police 
magistrate,  or  judge  of  such  other  court,  it  shall  be  the  duty  of  said  justice  of  the 
peace  or  police  officer,  magistrate,  or  judge  of  such  other  court  to  transfer  the  case  to 
such  juvenile  court,  and  of  the  officer  having  the  child  in  charge  to  take  such  child  be- 
fore said  court,  and  said  court  shall  proceed  to  hear  the  case  in  accordance  with  the 
law,  in  trials  of  such  offenses.  In  place  of  a  warrant-  for  the  arrest  of  any  child 
under  said  age,  a  summons  may  issue  as  provided  in  section  five  of  this  act  with 
respect  to  neglected  children. 

§  9.  All  punishments  and  penalties  imposed  by  law  upon  persons  for  the  com- 
mission of  offenses,  shall  in  the  case  of  said  delinquent  children  rest  in  the  discretion 
of  the  judge  of  the  juvenile  court  and  execution  of  any  sentence  may  be  suspended  or 
remitted  in  his  discretion. 

§  10.  In  all  cases  when  practicable  the  court  shall  require  notice  to  be  given  and 
Investigation  to  be  made  as  in  the  several  cases  under  this  act  provided  for,  and 
may  adjourn  the  hearing  from  time  to  time  for  the  purpose.  The  court  shall  not 
commit  a  child  under  16  years  of  age  to  a  jail  or  police  station,  but  if  said 
child  is  unable  to  give  bail  it  may  be  committed  to  the  care  of  the  sheriff,  police 
officer  or  probation  officer  who  shall,  unless  otherwise  ordered  by  the  court,  keep 
such  child  in  a  suitable  place  which  shall  be  provided  by  the  county,  outside  of  the 
enclosures  of  any  jail  or  police  station,  or  such  child  may  be  committed  to  the  care 
of  any  association  willing  to  receive  it,  having  for  one  of  its  objects  the  care  of 
neglected  children.  When  any  delinquent  child  shall  be  sentenced  to  confinement 
to  any  institution  to  which  adult  convicts  are  sentenced  it  shall  be  unlawful  to 


REPORT  OF  THE  PROBATION  COMMISSION.  217 

•confine  such  child  in  the  same  building  with  such  adult  convicts  or  to  bring  such 
child  into  any  yard  or  building  in  which  adult  convicts  may  be  present,  or  to  permit 
uny  contact  or  intercourse  whatever  between  such  child  and  such  adults.  The  judge 
of  the  juvenile  court  may  make  in  vacation  any  order  for  the  temporary  care  of  any 
-child  or  children  coming  within  the  provisions  of  this  act. 

§  11.  In  each  county  in  this  state  having  a  juvenile  court  and  probation  officer 
appointed  as  hereinbefore  provided,  the  said  probation  officer  shall  have  the  power 
and  authority  to  appoint  one  or  more  deputy  probation  officers  subject  to  the  ap- 
proval of  the  judges  of  the  circuit  court.  Said  deputies  shall  hold  office  during  the 
pleasure  of  the  said  court.  Women  shall  not  be  disqualified  from  holding  the  position 
of  deputy  probation  officer. 

It  shall  be  the  duty  of  all  circuit  prosecuting  and  city  attorneys  representing  the 
state  or  city  in  any  court  held  in  the  counties  aforesaid,  to  give  to  the  probation 
officers  such  aid  in  the  performance  of  their  duties  as  may  be  consistent  with  the 
duties  of  the  office  of  such  attorneys.  . 

It  shall  be  the  duty  of  all  police  officers  and  constables  making  arrest  of  children 
under  16  years  of  age  in  the  counties  aforesaid,  to  at  once  give  information  of  that 
fact  to  the  probation  officer,  or  cne  of  his  deputies,  and  also  to  furnish  such  proba- 
tion officer  with  all  facts  in  their  possession  pertaining  to  said  child,  its  parents, 
guardian,  or  other  person  interested  in  such  child,  and  also  of  the  nature  of  the 
charge  upon  which  such  arrests  has  been  made. 

Any  probation  officer  may,  without  warrant  or  other  process,  at  any  time  until 
final  disposition  of  the  case  of  any  child  over  whom  said  Juvenile  Court  shall  have 
acquired  jurisdiction,  take  any  child  placed  in  his  care  by  said  court,  and  bring  such 
child  before  the  court  or  the  court  may  issue  a  warrant  for  the  arrest  of  any  such 
child ;  and  the  court  may  thereupon  proceed  to  make  any  lawful  disposition  of  the 
case. 

§  12.  The  said  probation  officer  shall  receive  a  salary  of  $1,000  per  annum  payable 
monthly  out  of  the  funds  of  said  county.  Every  assistant  probation  officer  shall 
receive  such  salary  or  compensation  as  may  be  decided  by  the  judges  of  the  circuit 
court  not  exceeding  in  any  case  the  sum  of  $800  per  annum  payable  in  like  manner  out 
of  the  funds  of  said  county.  Actual  disbursements  made  for  necessary  expenses  by 
probation  officers  while  in  the  performance  of  their  duties  shall  be  reimbursed  to  them 
out  of  the  funds  of  said  county,  after  approval  of  the  judges  of  the  circuit  court : 
Provided,  that  no  officer  shall  be  allowed  for  said  disbursement  a  greater  sum  than 
$100  in  any  one  year. 

§  13.  In  the  case  of  a  delinquent  child,  the  court  may  suspend  the  sentence  or  the 
execution  thereof  from  time  to  time,  and  may  in  the  meantime  commit  the  child  to 
the  care  and  control  of  a  probation  officer  duly  appointed  by  the  court,  and  may 
allow  such  child  to  remain  in  its  home,  subject  to  the  visitation  and  control  of  the 
probation  officer,  such  child  to  report  to  the  probation  officer  as  often  as 
may  be  required,  and  to  be  subject  to  be  returned  to  the  court  for 
further  proceedings  whenever  such  action  may  appear  to  be  necessary ; 
or  the  court  may  authorize  the  child  to  be  placed  in  a  suitable  family 
home  subject  to  the  friendly  supervision  of  a  probation  officer  and  the  further 
order  of  the  court  or  it  may  authorize  the  child  to  be  boarded  out  in  siome 
suitable  family  home,  in  case  provision  is  made  by  voluntary  contribution  or  other- 
wise, for  payment  of  the  board  of  such  child,  until  suitable  provision  may  be  made 
for  the  child  in  a  home  without  such  payment ;  or  the  court  may  commit  the 
child  to  a  suitable  institution  for  the  care  of  children. 

§  14.  In  any  case  where  the  court  shall  commit  a  child  to  the  care  of  any  asso- 
ciation or  individual  in  accordance  with  the  provisions  of  this  act  the  child  shall, 
unless  otherwise  ordered  become  a  ward  and  be  subject  to  the  control  of  the 
association  or  individual,  to  whose  care  it  is  committed ;  and  subject  to  the  order  of 
the  court. 

§  15.  The  judge  of  the  Juvenile  Court  may  secure  such  information  from  any 
association  desiring  to  have  children  committed  to  its  care  under  the  provisions  of 
this  act,  as  said  judge  may  deem  necessary  to  enable  him  to  exercise  a  wise  discre- 
tion in  dealing  with  such  children.  Every  such  association  shall  file  with  the  State 
Board  of  Charities  and  Corrections  an  annual  report,  respecting  the  children  cared 
for  during  the  year,  under  the  provisions  of  this  act ;  the  number  received,  the 
number  placed  in  homes,  the  number  that  have  died,  and*  the  number  returned  to 


218  REPORT  OF  THE  PROBATION  COMMISSION. 

parents  or  friends.  The  court  shall  have  power  to  withdraw  any  child  sent  to  any 
institution  or  association  or  person  at  any  time,  and  to  make  other  provision; 
therefore. 

§  16.  The  juvenile  court,  in  committing  children,  shall  place  them  as  far  as^  prac- 
ticable, in  the  care  and  custody  of  some  individual  holding  the  same  religious  belief 
as  the  parents  of  such  child  or  with  an  association  controlled  by  persons  of  like 
religious  faith  witk  said  parents. 

§  17.  An  appeal  shall  be  allowed  to  the  child  from  any  final  order  of  commitment 
made  under  the  provisions  of  this  act  and  from  any  modification  of  such  order  and 
may  be  demanded  on  the  part  of  the  child  by  its  guardian,  by  either  parent,  by  its 
previous  custodian  or  by  any  person  within  the  fourth  degree  of  kindred  of  such  child  : 
Provided,  however,  that  such  appeal  shall  be  taken  at  the  same  term  of  the  court  at 
which  the  order  is  made,  and  such  appeal  shall  act  as  a  supersedeas  if  a  bond  with 
sufficient  sureties  shall  be  given  in  a  penal  sum  not  exceeding  $500,  payable  to  the 
state  of  Missouri  and  conditioned  that  when  so  ordered  by  the  court  the  child  shall 
be  surrendered  to  abide  such  judgment  or  ord*er  as  may  be  rendered  or  made  by  the 
appellate  court ;  but  the  trial  court  or  the  appellate  court  may  in  its  discretion  by  an 
order  modify  or  dispense  with  such  bond  in  which  case  the  allowance  of  the  appeal 
shall  act  as  a  supersedeas  on  compliance  with  the  order  so  made. 

§  18.  Nothing  in  this  act  shall  be  -construed  to  repeal  any  portion  of  the  law  relat- 
ing to  the  Industrial  Home  for  Girls,  or  the  Reform  School  for  Boys,  and  in  all  com- 
mitments to  either  of  said  institutions  the  law  in  reference  to  said  institutions  shall 
govern  the  same. 

§  19.  In  any  case  in  which  the  juvenile  court  shall  find  the  child  neglected,  or 
delinquent,  it  may,  in  the  same  or  subsequent  proceeding,  upon  the  parents  of  said 
child  or  either  of  them  being  duly  summoned,  or  voluntarily  appearing,  proceed  to 
inquire  into  the  ability  of  said  parent  or  parents  to  support  the  child  or  contribute 
to  its  support  and  if  the  court  shall  find  that  such  parent  or  parents  are  able  to 
support  the  child  or  contribute  thereto,  the  court  may  enter  an  order  or  decree  re- 
quiring said  parent  or  parents  to  support  such  child  or  to  contribute  thereto  and  may 
enforce  the  same  by  execution. 

§  20.  The  act  entitled  "An  act  to  establish  a  probation  system  for  juvenile  delin- 
quents in  certain  cities,"  approved  March  26,  1901,  is  hereby  repealed. 

§  21.  Xo  adequate  provision  for  the  care  of  neglected  or  delinquent  children  exist- 
ing in  counties  having  a  population  of  150,000  inhabitants  and  over,  in  this  state 
there  is  created  an  emergency  within  the  meaning  of  the  constitution  ;  therefor,  this 
act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

§  22.  All  acts  or  parts  of  acts  in  conflict  with  this  act,  or  inconsistent  herewith 
are  hereby  repealed. 

Juvenile  Courts  and  Probation  System. 

1905,   p.  56,   April   8  :   revising  1903,  p.  213,  March  2,1,    so  far  as  relating  to  counties 

cf  150,000  to  50,0,000. 

AN  ACT  to  regulate  the  treatment  and  control  of  neglected  and  delinquent  children, 
and  to  provide  necessary  places  of  detention  therefor,  in  counties  having  a 
population  of  one  hundred  and  fifty  thousand  and  less  than  five  hundred  thousand 
inhabitants,  with  an  emergency  clause. 

Section  1.  This  act  shall  apply  only  to  children  sixteen  (16)  years  of  age  or  under, 
not  now  or  hereafter  inmates  of  any  state  institution,  or  any  institution  incorporated 
under  the  laws  of  the  state  for  the  care  and  correction  of  delinquent  children  :  Pro- 
vided, that  when  jurisdiction  has  been  acquired  under  the  provisions  hereof  over  the 
person  of  a  child,  such  jurisdiction  shall  continue,  for  the  purposes  of  this  act,  until 
the  child  shall  have  attained  its  majority ;  but  nothing  in  this  act  shall  prevent  the 
juvenile  court  from  inflicting  a  punishment  which  shall  extend  beyond  the  age  of 
majority  in  cases  where  the  delinquent  shall  be  convicted  of  a  crime,  the  punishment 
of  which,  under  the  statutes  of  this  state,  when  committed  by  persons  over  the  age 
of  eighteen  years,  is  death  or  imprisonment  in  the  penitentiary  for  a  term  of  not  less 
than  ten  years.  For  the  purposes  of  this  act  the  words  "  neglected  child  "  shall  mean 
any  .child  sixteen  years  of  age  or  under  who  is  destitute,  or  homeless,  or  abandoned, 
or  dependent  upon  the  public  for  support,  or  who  habitually  begs  or  receives  alms, 
is  found  in  any  house  of  ill-fame,  or  with  any  vicious  or  disreputable  person,  or 


REPORT  OF  THE  PROBATION  COMMISSION.  219 

who  is  suffering  from  the  cruelty  or  depravity  of  its  parents,  or  other  person  in 
whose  care  it  may  be.  The  words  "  delinquent  child  "  shall  include  any  child  six- 
teen years  of  age  or  under  such  age,  who  violates  any  law  of  this  state,  or  any  city 
or  village  ordinance,  or  who  is  incorrigible  ;  or  who  knowingly  associates  with  thieves, 
vicious  or  immoral  persons ;  or  who  is  growing  up  in  idleness  or  crime ;  or  who  know- 
ingly visits  or- enters  a  house  of  ill-repute;  or  who  knowingly  patronizes  or  visits 
any  policy  shop  or  place  where  any  gaming  device  is,  or  shall  be  operated ;  or  who 
patronizes  or  visits  any  saloon  or  dram  house  where  intoxicating  liquors  are  sold  ;  or 
who  patronizes  or  visits  any  public  pool  room  or  bucket  shop ;  or  who  habitually 
wanders  about  the  street  in  the  night  time  without  being  on  any  lawful  business 
or  occupation ;  or  who  habitually  wanders  about  any  railroad  yards  or  tracks,  or 
jumps  or  habitually  hooks  on  to  any  moving  train,  or  enters  any  car  or  engine 
without  lawful  authority;  or  who  habitually  uses  vile,  obscene,  vulgar,  profane  or 
indecent  language,  or  who  is  guilty  of  immoral  conduct  in  any  public  place  or  about 
any  school  house.  Any  child  committing  any  of  the  acts  herein  mentioned  shall  be 
deemed  a  juvenile  delinquent  person,  and  shall  be  proceeded  against  as  such  in  the 
manner  hereinafter  provided.  A  disposition  of  any  delinquent  child  under  this  act,  or 
any  evidence  given  in  such  case,  shall  not  in  any  civil,  criminal  or  other  cause  or 
proceeding  whatever  in  any  court  be  lawful  ,or  proper  evidence  against  such  child  for 
any  purpose  whatever,  except  in  subsequent  cases  against  the  same  child  under  this 
act.  The  word  "  child  "  or  "  children  "  may  mean  one  or  more  children,  and  the 
word  "  parent  "  or  "  parents  "  may  mean  one  or  both  parents  when  consistent  with 
the  intent  of  this  act.  The  word  "  association  "  shall  include  any  corporation  which 
includes  in  its  purpose  the  care  or  discipline  of  children  coming  within  the  meaning 
of  this  act.  The  words  "  probation  officer  "  in  all  sections  of  this  act  defining  his 
power  and  duties  shall  include  his  deputies. 

§  2.  The  circuit  court  exercising  jurisdiction  in  counties  having  a  population  of 
one  hundred  and  fifty  thousand  inhabitants  and  less  than  five  hundred  thousand  in- 
habitants shall  have  original  jurisdiction  of  all  cases  coming  within  the  terms  of 
this  act.  Immediately  upon  the  taking  effect  of  this  act,  and  thereafter  on  the  first 
Thursday  after  the  first  Monday  in  January  of  each  odd  numbered  year,  the  judges 
of  the  circuit  court  in  such  counties  shall  designate  one  of  their  number  whose  duty 
it  shall  be  to  hear  and  determine  all  cases  coming  under  this  act  until  there  be 
another  judge  so  designated  :  Provided,  that  in  case  of  the  absence  or  inability  of  the 
judge  designated  to  hold  said  court  any  one  of  said  judges  may  perform  that  duty. 
A  court  room,  to  be  designated  the  juvenile  court  room,  shall  be  provided  or  assigned 
by  the  county  court  of  such  counties  for  the  hearing  of  such  cases ; 
and  the  proceedings  of  the  court  in  such  cases  shall  be  entered  in 
a  book  or  books  to  be  kept  for  that  purpose,  and  known  as  the  juvenile  record, 
and'  the  court  may  for  convenience  be  called  the  juvenile  court.  The  clerk  of  the 
circuit  court  in  such  county  shall  designate  a  deputy  to  act  as  the  clerk  of  the . 
juvenile  court.  The  practice  and  procedure  prescribed  by  law  for  the  conduct  of 
criminal  cases,  so  far  as  the  same  may  be  applicable,  and  when  not  otherwise  provided 
herein,  shall  govern  all  proceedings  under  this  act.  In  all  trials  under  this  act  any 
person  interested  therein  may  demand  a  trial  by  jury.  j 

§  3.  Any  reputable  person,  being  a  resident  of  the  county,  having  knowledge  or 
information  of  a  child  in  the  county  who  appears  to  be  a  neglected  child,  may 
file  with  the  clerk  of  the  juvenile  court,  a  petition  in  writing  setting  forth  the  facts, 
verified  by  affidavit.  It  shall  be  sufficient  that  the  affidavit  be  upon  information  and 
belief. 

§  4.  Upon  the  filing  of  the  petition,  unless  the  parties  shall  voluntarily  appear  or  be- 
in  court,  a  summons  shall  issue  in  the  name  of  the  state  of  Missouri  requiring  the 
child  and  the  person  having  custody  and)  control  of  the  child,  or  with  whom  the  child 
may  be,  to  appear  with  the  child  at  the  place  and  at  the  time  set  in  the  summons, 
which  shall  not  be  less  than  twenty-four  hours  after  service,  unless  otherwise- 
directed  by  the  court  or  judge.  The  parents  of  the  .child,  if  living,  and  the  residences 
known,  or  its  legal  guardian,  or  if  his  or  her  residence  is  unknown,  then  some  rela- 
tive, if  there  be  one,  and  his  or  her  residence  is  known,  shall  be  notified  of  the 
proceedings,  and  in  any  case  the  court  may  appoint  some  suitable  person  or  associa- 
tion to  act  in  behalf  of  the  child.  If  the  person  summoned,  as  herein  provided,  shall 
fail  without  reasonable  cause  to  appear  and  abide  the  order  of  the  court,  or  to  bring- 
the  child,  such  person  may  be  proceeded  against  as  in  the  case  of  contempt  of  court. 
If  it  shall  appear  to  the  satisfaction  of  the  court  that  there  is  no  person  in  charge  or 


220  REPORT  OF  THE  PROBATION  COMMISSION. 

care  of  the  child,  the  court  may  order  the  sheriff  to  take  control  of  the  child  and 
bring  him  into  court.  On  the  return  of  the  summons  or  other  process,  or  as  soon 
thereafter  as  may  be,  the  court  shall  proceed  to  hear  the  case  in  a  summary  manner, 
and  if  it  shall  determine  that  the  child  is  a  "  neglected  child  "  within  the  definition 
thereof  contained  therein,  shall  enter  its  order  or  judgment  accordingly  under  the 
provisions  of  this  act ;  and  the  cost  of  the  proceedings  may,  in  the  discretion  of  the 
court,  be  adjudged  against  the  petitioner,  or  any  person  or  persons  so  summoned,  or 
appearing,  as  the  case  may  be,  and  collected  and  provided  by  law  in  civil  cases.  All ' 
costs  not  so  collected  shall  be  paid  by  the  county.  Pending  the  disposition  of  any 
case  the  child  may  be  retained  in  the  custody  of  the  person  having  charge  of  the 
same,  or  may  be  kept  in  some  place  of  detention  provided  by  the  county  court  or 
by  any  association  having  for  one  of  its  objects  the  care  of  delinquent  or  neglected 
children,  or  in  such  other  custody  as  the  court  may  direct. 

§  5.  When  any  child  sixteen  years  of  age  or  under  shall  be  found  to  be  neglected 
within  the  meaning  of  this  act,  the  juvenile  court  may  make  an  order  committing  the 
child,  under  such  conditions  as  it  may  prescribe,  to  the  care  of  some  reputable  person 
of  good  moral  character,  or  to  the  care  of  some  association  willing  to  receive  it, 
embracing  in  its  objects  the  purpose  of  caring  for  neglected  children. 

§  6.  When  in  any  such  county  a  chili  sixteen  years  of  age  or  under  is  arrested 
with  or  without  warrant,  such  child  shall,  instead  of  being  taken  for  trial  before 
a  Justice  of  the  peace,  or  police  magistrate,  or  judge  of  any  other  court  now  or 
hereafter  having  jurisdiction  of  the  offense  charged,  be  taken  directly  before  such 
Juvenile  court ;  or  if  the  child  shall  have  been  taken  before  a  justice  of  the  peace 
or  police  magistrate  or  judge  of  such  other  court,  it  shall  be  the  duty  of  said  justice 
or  police  magistrate  or  judge  to  transfer  the  case  to  such  juvenile  court,  and  of 
the  officer  having  the  child  in  charge  to  take  such  child  before  said  court,  and 
the  said  court  shall  proceed  to  hear  the  case  in  accordance  with  the  law  for  the 
trials  of  such  offenses. 

§  7.  Upon  information  signed  and  filed  by  the  prosecuting  attorney  of  the  county, 
or  the  probation  officer,  verified  by  his  oath,  which  may  be  on  information  and  be- 
lief or  by  the  oath  of  some  person  competent  to  testify  as  a  witness  in  the  case,  or 
supported  by  the  affidavit  of  such  person,  which  shall  be  filed  with  the  information, 
stating  the  act  or  acts  claimed  to  have  been  committed  by  any  child  which  con- 
stitute such  child  a  "delinquent  child"  within  the  meaning  of  this  act,  a  summons 
may  issue  as  provided  by  section  four  of  this  act  with  respect  to  neglected  children, 
or  a  warrant  may  issue  for  the  arrest  of  such  child. 

§  8.  Nothing  in  this  act  shall  be  construed  as  depriving  any  court  or  magistrate 
of  such  counties  of  the  powers  now  given  them  by  law  to  file  complaints  and  Issue 
warrants  for  the  arrest  of  children  sixteen  years  of  age  or  under ;  but  all  subsequent 
proceedings  shall  be  had  in  the  juvenile  court.  All  punishments  and  penalties  im- 
posed by  law  upon  persons  for  the  commission  of  offenses  shall,  in  the  case  of  said 
delinquent  children,  rest  in  the  discretion  of  the  judge  of  the  juvenile  court,  and  exe- 
cution of  any  sentence  may  be  suspended  or  remitted  in  his  discretion. 

§  9.  The  judge  of  the  juvenile  court  shall  appoint  a  discreet  person  of  good  char- 
acter to  serve  as  probation  officer  during  the  pleasure  of  the  court.  Whenever 
there  is  to  be  a  child  brought  before  the  juvenile  court,  it  shall  be  the  duty  of  the 
clerk  of  said  court,  if  practicable,  to  notify  the  probation  officer  in  advance  of  that 
fact.  It  shall  be  the  duty  of  the  probation  officer  to  make  such  investigation  of 
the  child  as  may  be  required  by  the  court,  to  be  present  in  court  in  order  to  repre- 
sent the  interests  of  the  child  when  the  case  is  heard,  and  to  furnish  to  the  court 
such  information  and  assistance  as  the  judge  may  require,  and  to  take  charge  of  any 
child  before  and  after  trial  as  may  be  directed  by  the  court.  Probation  officers  are 
hereby  vested  with  all  the  power  and  authority  of  sheriffs  to  make  arrests  and  per- 
form other  duties  incident  to  their  office.  The  juvenile  court  shall  have  power  to 
make  rules  specifying  the  duties  of  probation  officers  in  any  and  all  cases. 

§  10.  The  probation  officer  shall  have  the  authority  to  appoint  one  or  more 
deputy  officers,  subject  to  the  approval  of  the  judge  of  the  juvenile  court.  Said 
deputies  shall  hold  office  during  the  pleasure  of  said  judge.  Women  shall  not  be 
disqualified  from  holding  the  position  of  deputy  probation  officer. 

§  11.  The  probation  officer  shall  receive  a  salary  of  twelve  hundred  dollars  per 
annum.  Each  deputy  probation  officer  shall  receive  such  salary  as  may  be  pre- 
scribed by  the  judge  of  the  Juvenile  court,  not  exceeding  nine  hundred  dollars  per 
Annum.  The  salaries  of  the  probation  officer  and  his  deputies  shall  be  payable 


REPORT  OF  THE  PROBATION  COMMISSION.  221 

monthly  out  of  the  funds  of  the  county.  Actual  disbursements  for  necessary  expenses, 
exclusive  of  office  expenses,  made  by  probation  officers  while  in  the  performance  of 
their  duties  shall  be  reimbursed  to  them  out  of  the  county  funds  after  approval 
by  the  judge  of  the  juvenile  court ;  but  no  officer  shall  be  allowed  for  such  disburse- 
ments a  greater  sum  than  two  hundred  dollars  in  any  one  year. 

§  12.  It  shall  be  the  duty  of  the  county  court  in  such  county  to  provide  a  place 
or  places  of  detention  for  children  coming  within  the  provisions  of  this  act,  and  for 
offices  of  the  probation  officers.  Such  place  or  places  shall  be  outside  the  inclosure 
of  any  jail  or  police  station,  and  be  in  charge  of  a  matron,  or  other  person  of  good 
moral  character,  such  person  or  matron  to  be  appointed  by  the  county  court.  The 
county  court  is  hereby  authorized  to  lease  or  to  acquire  by  purchase,  gift  or  devise, 
land  for  such  purpose,  and  to  erect  buildings  thereon  and  to  equip  and  maintain 
the  same  for  the  subsistence  and  education  of  children  placed  therein.  The  money 
necessary  to  provide  and  maintain  such  places  of  detention  shall  be  taken  from  the 
dram  shop  fund  of  the  county,  or  any  other  county  fund  available  for  that  purpose. 

§  13.  In  all  cases  arising  under  this  act  the  juvenile  court  shall  require  notice  to 
be  given  and  investigation  to  be  made  when  practicable,  as  in  the  several  cases 
.under  this  act  provided  for,  and  may  adjourn  the  hearing  from  time  to  time  for  the 
purpose.  The  court  shall  not  commit  a  child  sixteen  years  of  age  or  under  to  a  jail 
or  police  station ;  but  if  said  child  is  unable  to  give  bail,  it  may  be  committed  to  the 
care  of  the  sheriff,  police  officer,  or  probation  officer,  who  shall,  unless  otherwise 
ordered  by  the  court,  keep  such  child  in  the  place  or  house  of  detention  provided  by 
the  county,  or  such  child  may  be  committed  to  the  care  of  any  association  willing 
to  receive  it,  having  for  one  of  its  objects  the  care  of  neglected  children.  When  any 
delinquent  child  shall  be  sentenced  to  confinement  to  any  institution  to  which  adult 
convicts  are  sentenced,  it  shall  be  unlawful  to  confine  such  child  in  the  same  build- 
Ing  with  such  adult  convicts,  or  to  bring  such  child  into  any  yard  or  building  in 
which  adult  convicts  may  be  present,  or  to  permit  any  contact  or  intercourse  what- 
ever between  such  child  and  such  adults.  No  child  within  the  provisions  of  this  act 
fourteen  years  of  age  or  under  shall,  under  any  circumstances,  be  incarcerated  in  any 
common  jail  or  lock-up  ;  and  any  officer  or  person  so  doing  shall  be  adjudged  guilty 
of  a  contempt  of  court  and  punished  accordingly.  The  judge  of  the  juvenile  court 
may  make  in  vacation  any  order  for  the  temporary  care  of  any  child  or  children  com- 
ing within  the  provisions  of  this  act. 

§  14.  It  shall  be  the  duty  of  all  circuit,  prosecuting  and  city  attorneys  repre- 
senting the  state  or  city  in  any  court  held  in  the  counties  aforesaid,  to  give  to  the 
probation  officer  such  aid  in  the  performance  of  his  duties  as  may  be  consistent 
with  the  duties  of  the  office  of  such  attorneys.  It  shall  be  the  duty  of  any  police 
officer  or  constable  making  an  arrest  of  a  child  16  years  of  age  or  under,  in  the  counties 
aforesaid,  to  give  information  of  that  fact  at  once  to  the  probation  officer,  or  one  of 
his  deputies,  and  also  to  furnish  such  probation  officer  with  all  facts  in  his  posses- 
sion pertaining  to  said  child,  its  parents,  guardian,  or  other  person  interested  in  such 
child,  and  also  of  the  nature  of  the  charge  upon  which  such  arrest  has  been  made. 

§  15.  Any  probation  officer  may,  without  warrant  or  other  process,  at  any  time 
until  final  disposition  of  the  case  of  any  child  over  whom  said  juvenile  court  shall 
have  acquired  jurisdiction,  take  any  child  placed  in  his  care  by  said  court,  and  bring 
such  child  before  the  court,  or  the  court  may  issue  a  warrant  for  the  arrest  of  any 
c-uch  child ;  and  the  court  may  thereupon  proceed  to  make  any  lawful  disposition  of 
the  case. 

§16.  In  the  case  of  a  delinquent  child  the  court  may  suspend  the  sentence  or  ex- 
ecution thereef  from  time  to  time,  and  flirty  in  the  meantime  commit  the  child  to 
the  care  and  control  of  a  probation  officer  duly  appointed  by  the  court,  and  may  al- 
low such  child  to  remain  in  its  home,  subject  to  the  visitation  and  control  of  the 
probation  officer,  such  child  to  report  to  the  probation  officer  as  often  as  may  be  re- 
quired and  to  be  subject  to  be  returned  to  the  court  for  further  proceedings  whenever 
euch  action  may  appear  to  the  court  to  be  necessary ;  or  the  court  may  authorize  the 
child  to  be  placed  in  a  suitable  family  home,  subject  to  the  friendly  supervision  of  a 
probation  officer  and  the  further  order  of  the  court,  or  it  may  authorize  the  child 
to  be  boarded  out  in  some  suitable  family  home,  in  case  provision  is  made  by  volun- 
tary contribution  or  otherwise  for  payment  of  the  board  of  such  child,  until  suitable 
provision  may  be  made  for  the  child  in  a  home  without  such  payment ;  or  the  court 
may  commit  the  child,  if  a  boy,  to  the  Missouri  Training  School  for  Boys,  or,  if  a 


222  REPORT  OF  THE  PROBATION  COMMISSION. 

girl,  to  the  State  Industrial  School  'for  Girls,  or  the  court  may  commit  the  child  to 
any  institution  within  the  county,  incorporated  under  the  laws  of  this  state,  that  may 
care  for  children,  or  to  any  institution  which  now  or  hereafter  may  be  established 
by  tue  state  or  county  for  the  care  of  boys  or  girls. 

§  17.  In  any  case  where  the  court  shall  commit  a  child  to  the  care  of  any  asso- 
ciation or  individual,  in  accordance  with  the  provisions  of  this  act,  the  child  shall,  un- 
less otherwise  ordered,  become  a  ward,  and  be  subject  to  the,  control  of  the  association 
or  individual  to  whose  care  it  is  committed,  but  subject  to  the  order  of  the  court. 

§  18.  The  judge  of  the  juvenile  court  may  secure  such  information  from  any  asso- 
ciation desiring  to  have  children  committed  to  its  care  under  the  provisions  of  this 
act,  as  said  judge  may  deem  necessary  to  enable  him  to  exercise  a  wise  discretion 
in  dealing  with  such  children.  Every  such  association  shall  file  with  the  state 
board  of  charities  and  corrections  an  aiyiual  report  respecting  the  children  cared 
for  during  the  year  under  the  provisions  of  this  act ;  the  number  placed  in  homes, 
the  number  tbat  have  died,  the  number  returned  to  parents  or  friends.  The  court 
shall  have  power  to  withdraw  any  child  sent  to  any  institution  or  association  or  per- 
son at  any  time,  and  to  make  other  provision  therefor. 

§  19.  The  juvenile  court,  in  committing  children,  shall  place  them  as  far  as  prac- 
ticable in  the  care  and  custody  of  some  individual  holding  the  same  religious  belief 
as  the  parents  of  such  child,  or  with  an  association  controlled  by  persons  of  like  re- 
ligious faith  as  the  said  parents. 

§  20.  An  appeal  shall  be  allowed  to  the  child  from  any  final  judgment  of  delin- 
quency or  dependency,  or  final  order  of  commitment  made  under  the  provisions  of  this 
act,  and  from  any  modifications  of  such  order,  and  may  be  demanded  on  the  part 
of  the  child  by  its  guardian,  by  either  parent,  or  by  its  previous  custodian,  or  by  any 
person  within  the  fourth  degree  of  kindred  to  such  child.  Provided,  however,  that 
such  appeal  shall  be  taken  at  the  same  term  of  court  at  which  the  order  is  made, 
and  such  appeal  shall  act  as  a  supersedeas  if  a  bond  in  such  sum  as  may  be  fixed 
by  the  court,  with  sufficient  sureties  thereto  shall  be  given,  payable  to  the  state  of 
Missouri,  and  .conditioned  that  when  so  ordered  by  the  court  the  child  shall  be 
surrendered  to  abide  such  judgment  or  order  as  may  be  rendered  or  made  by  the 
appellate  court,  but  the  trial  court  or  the  appellate  court  may,  in  its  discretion,  by 
an  order  modify  or  dispense  with  such  bond ;  in  which  case  the  allowance  of  the 
appeal  shall  act  as  a  supersedeas  on  compliance  with  the  order  so  made. 

§  21.  In  any  case  in  which  the  juvenile  court  shall  find  a  .child  neglected  or  de- 
linquent, it  may  in  the  same  or  a  subsequent  proceeding,  upon  the  parents  of  said 
child  or  either  of  them  being  duly  summoned,  or  voluntarily  appearing,  proceed  to 
inquire  into  the  ability  of  said  parent  or  parents  to  support  the  child,  or  contribute 
to  its  support,  and  if  the  court  shall  find  that  such  parent  or  parents  are  able  to  sup- 
port the  child  or  contribute  thereto,  the  court  may  enter  an  order  or  decree  requiring 
said  parent  or  parents  to  support  such  child  or  contribute  thereto,  and  may  enforce  the 
same  by  execution. 

§  22.  This  act  shall  be  liberally  construed  to  the  end  that  its  purpose  may  be  car- 
ried out,  to  wit,  that  the  care,  custody  and  discipline  of  the  child  shall  approximate 
as  nearly  as  may  be  that  which  should  be  given  by  its  parents  ;  and  that  as  far  as 
practicable  any  delinquent  child  shall  be  treated,  not  as  a  criminal,  but  as  misdi- 
rected and  misguided,  and  needing  aid,  encouragement,  help  and  assistance. 

§  23.  Nothing  in  this  act  shall  be  construed  to  repeal  any  portion  of  the  law  re- 
lating to  the  State  Industrial  Home  for  Girls  or  the  Missouri  Training  School  for 
Boys ;  and  in  all  commitments  to  either  of  said  institutions  the  law  in  reference  to 
said  institution  shall  govern  the  same. 

§  24.  An  act  entitled  "An  act  to  regulate  the  treatment  and  control  of  neglected 
and  delinquent  children  in  counties  having  a  population  of  150,000  inhabitants  and 
over,"  approved  March  23,  1903,  so  far  as  said  act  applies  to  counties  having  less  than 
five  hundred  thousand  inhabitants,  is  hereby  repealed. 

§  25.  Doubts  having  arisen  as  to  the  interpretation  of  the  present  law  relating  to 
neglected  and  delinquent  children  in  counties  coming  within  the  provisions  of  this  act 
an  emergency  is  created  within  the  meaning  of  the  constitution ;  therefore,  this  act 
shall  take  effect  and  be  in  force  from  and  after  its  passage. 


KEPORT  OF  THE  PROBATION  COMMISSION.  223 

NEBRASKA. 
Juvenile  Courts  and  Probation  System. 

Chapter  59,  March  8,  1905. 

AN  ACT  to  regulate  the  treatment  and  control  of  dependent,  neglected  and  delinquent 

children. 

Section  1.  That  act  shall  apply  only  to  children  under  the  age  of  sixteen  (16) 
years  and  shall  not  apply  to  children  who  are  now,  or  who  shall  hereafter  become, 
inmates  of  a  state  institution,  or  of  any  training  school  for  boys  or  industrial  school 
for  girls,  or  some  orphanage,  society  or  institution  incorporated  under  the  laws  of 
this  or  some  other  state,  unless  such  children  shall  have  been  placed  therein  under 
•and  by  virtue  of  the  provisions  of  this  act.  For  the  purpose  of  this  act  the  words 
"dependent  child"  and  "neglected  child"  shall  mean  any  child  under  the  age  of  sixteen 
(16)  years  who  for  any  reason  is  destitute  or  homeless  or  abandoned,  or  dependent 
upon  the  public  for  support,  or  has  not  proper  parental  care  or  guardianship,  or  is 
growing  up  under  such  circumstances  as  wou.d  tend  to  cause  such  child  to  lead  a 
vicious  or  immoral  life  ;  or  who  habitually  begs  or.  receives  alms  ;  or  who  is  found 
living  in  any  house  of  ill  fame  or  with  any  vicious  or  disreputable  person,  or  whose 
home,  by  reason  of  neglect,  cruelty  or  depravity  on  the  part  of  its  parents,  guardian  or 
other  person  in  whose  care  it  may  be,  is  an  unfit  place  for  such  a  child  ;  and  any  child 
under  the  age  of  eight  (8)  years  who  is  found  begging,  peddling  or  selling  any 
article,  or  singing  or  playing  any  musical  instrument  upon  the  street,  or  giving 
any  public  entertainment,  or  who  accompanies  or  is  used  in  aid  of  any  person  so 
•doing.  The  words  "delinquent  child"  shall  include  any  child  under  the  age  of  six- 
teen (16)  years  who  violates  any  law  of  this  state  or  any  city  or  village  ordinance, 
or  who  is  incorrigible,  or  who  knowingly  associates  with  thieves,  vicious  or  immoral 
persons,  or  who  is  growing  up  in  idleness  or  crime,  or  who  knowingly  visits  or 
enters  a  house  of  ill  repute ;  or  who  knowingly  patronizes  or  visits  any  policy  shop  or 
place  where  any  gambling  device  is  or  shall  be  operated ;  or  who  patronizes  or  visits 
any  saloon  or  dram  shop  where  intoxicating  liquors  are  sold ;  or  who  patronizes  or 
visits  any  public  pool  room  or  bucket  shop  ;  or  who  wanders  about  the  streets  in  the 
night  time,  without  being  on  any  lawful  business  or  occupation  ;  or  who  habitually 
wanders  about  any  railroad  yards  or  tracks,  or  jumps  or  hooks  on  to  any  moving 
train  or  enters  any  ,car  or  engine  without  authority ;  or  who  habitually  uses  vile,  ob- 
scene, vulgar,  profane  or  indecent  language  or  is  guilty  of  immoral  conduct  in  any 
public  place  or  about  any  school  house.  The  word  "child"  or  "children"  may  mean 
one  or  more  children,  and  the  word  "parent"  or  "parents"  may  be  held  to  mean  one 
or  both  parents,  when  consistent  with  the  intent  of  this  act.  The  word  "association" 
shall  include  any  corporation  which  includes  in  its  purpose  the  care  or  discipline  of 
children  coming  within  the  meaning  of  this  act. 

§  2.  The  district  court  of  the  several  counties  in  this  state  and  the  judges  thereof 
in  vacation  shall  have  original  jurisdiction  in  all  cases  coming  within  the  terms  of 
this  act.  The  county  court  in  each  county  shall  have  concurrent  jurisdiction  with  the 
district  court,  but  such  jurisdiction  shall  not  be  exercised  by  the  county  court  except 
in  the  absence  of  the  judge  or  judges  of  the  district  court  from  the  county.  Where  a 
proceeding  has  been  instituted  under  this  act  before  any  county  court,  the  jurisdiction 
of  this  court  over  such  proceedings  shall  continue  until  the  final  disposition  thereof : 
Provided,  that  appeal  may  be  had  to  the  district  court  in  the  same  manner  as  is 
now  provided  by  law  in  civil  cases.  In  all  trials  under  this  act  where  a  delinquent 
child  is  charged  with  a  crime,  any  person  interested  therein  may  demand  a  jury,  or 
the  judge  of  his  own  motion  may  order  a  jury  to  try  the  case  :  Provided,  that  in 
cities  having  a  population  of  forty  thousand  and  upward,  the  police  judge  thereof 
shall  have  jurisdiction  under  this  act  concurrent  with  the  county  judge  within  the 
limits  of  such  city. 

§  3.  In  counties  having  over  40,000  population,  the  judges  of  the  district  court 
shall,  at  such  times  as  they  shall  determine,  designate  one  or  more  of  their  number, 
whose  duty  it  shall  be  to  hear  all  cases  coming  under  this  act.  A  special  court 
room,  to  be  designated  as  the  juvenile  court  room,  shall  be  provided  for  the  hearing 
of  such  case,  and  the  finding  of  the  court  shall  be  entered  in  a  book  or  books  to  be 
kept  for  that  purpose,  and  known  as  the  "  juvenile  record,"  and  the  court  may  for  con- 
venience be  called  the  "juvenile  court." 


224  REPORT  OP  THE  PROBATION  COMMISSION. 

§  4.  Any  reputable  person  being  a  resident  in  the  county,  having  knowledge  of  a- 
child  in  his  county  who  appears  to  be  either  neglected,  dependent  or  delinquent,  may 
file  with  the  clerk  of  a  court  having  jurisdiction  in  the  matter,  a  petition  in  writing, 
setting  forth  the  facts  verified  by  affidavit.  It  shall  be  sufficient  that  the  affidavit  i* 
upon  information  and  belief. 

§  5.  Upon  the  filing  of  the  petition  a  summons  shall  issue  requiring  the  person 
having  custody  or  control  of  the  child,  or  with  whom  the  child  may  be,  to  appear 
with  the  child  at  a  place  and  time  stated  in  the  summons,  which  time  shall  not  be 
less  than  twenty-four  hours  after  service.  The  parents  of  the  child,  if  living,  and 
their  residence  is  known,  or  its  legal  guardian,  if  one  there  be  or  if  there  is  neither 
parent  nor  guardian  or  if  his  or  her  residence  is  not  known,  then  some  relative,  if 
there  be  one,  and  his  residence  is  known,  shall  be  notified  of  the  proceedings,  and  in 
any  case  the  judge  may  appoint  some  suitable  person  to  act  on  behalf  of  the  child. 
If  the  person  summoned  as  herein  provided,  shall  without  a  reasonable  cause  fail 
to  appear  and  abide  by  the  order  of  the  court  or  bring  the  child,  he  may  be  pro- 
ceeded against  as  in  the  case  of  contempt  of  court.  In  case  the  summons  cannot  be 
served  or  the  parties  served  fail  to  obey  the  same,  and  in  any  case  when  it  shall  be 
made  to  appear  to  the  court  that  such  summons  will  be  ineffectual,  a  warrant  may- 
issue  on  the  order  of  the  court,  either  against  the  parent  or  guardian  or  the  person 
having  custody  of  the  child,  or  with  whom  the  child  may  be,  or  against  the  child 
itself;  on  the  return  of  the  summons  or  other  process,  or  as  soon  thereafter  as  may 
be,  the  court  shall  proceed  to  hear  and  dispose  of  the  case  in  a  summary  manner. 
Pending  the  final  disposition  of  any  case  the  child  may  be  retained  in  the  possession 
of  the  person  having  the  charge  of  the  same  or  may  be  kept  in  some  suitable  place 
provided  by  the  city  or  county  authorities  or  given  to  any  proper  and  accredited 
charitable  institution. 

§  6.  The  judge  of  the  district  court  having  charge  of  the  juvenile  docket  shall 
have  authority  to  appoint  or  designate,  two  or  more  persons  of  good  character,  one  of 
whom  shall  be  a  woman,  to  serve  as  probation  officers  during  the  pleasure  of  the 
court.  Such  officers  shall  perform  the  duties  prescribed  in  this  act  for  probation 
officers  and  such  other  duties  as  may  be  required  by  the  judge  of  the  juvenile  court, 
and  such  officers  shall  receive  no  compensation  from  the  county  treasurer,  except  as 
herein  provided.  In  counties  having  a  population  of  50,000  or  upwards,  three  pro- 
bation officers,  one  of  whom  shall  be  designated  as  "chief  probation  officer,"  shall  be 
paid  as  other  salaried  officers  are  paid.  The  chief  probation  officer  shall  receive 
a  salary  of  twelve  hundred  dollars  ($1200)  per  annum,  and  two  others,  to  be  des- 
ignated "assistant  probation  officers,"  shall  be  paid  as  other  county  officers  are  paid, 
three  dollars  ($3.00)  a  day  for  the  time  actually  employed,  which  time  shall  be 
certified  to  the  board  of  county  commissioners  of  the  county  by  the  chief  probation 
officer.  In  case  a  probation  officer  shall  be  appointed  by  any  court,  it  shall  be  the 
duty  of  the  clerk  of  the  court,  if  practicable,  to  notify  the  said  probation  officer  in 
advance,  when  any  child  is  to  be  brought  before  the  said  court.  It  shall  be  the 
duty  of  the  said  probation  officer  to  make  such  investigation  as  may  be  required 
by  the  court ;  to  be  present  in  court  to  represent  the  interests  of  the  child  when  the 
case  is  heard  ;  to  furnish  to  the  court  such  information  and  assistance  as  the  judge 
may  require,  and  to  take  such  charge  of  any  child  before  and  after  trial  as  may  be 
directed  by  the  court. 

§  7.  When  any  child  under  the -age  of  sixteen  (16)  years  shall  be  found  to  be 
delinquent,  dependent  or  neglected  within  the  meaning  of  this  act,  the  court  may- 
make  an  order  committing  the  child  to  the  care  of  some  suitable  institution  or  to  the 
care  of  some  reputable  citizen  of  good  moral  character,  or  to  the  care  of  an  in- 
dustrial school,  as  provided  by  law ;  or  to  the  care  of  some  association  willing  to  re- 
ceive it,  embracing  in  its  objects  the  purpose  of  caring  for  or  obtaining  homes  for  de- 
pendent or  neglected  children,  which  association  shall  have  been  accredited  as  here- 
inafter provided.  The  court  may,  when  the  health  or  condition  of  the  child  shall 
require  it,  cause  the  child  to  be  placed  in  a  public  hospital  or  institution  for  treat- 
ment or  special  care,  or  in  an  accredited  and  suitable  private  hospital  or  institution- 
which  -will  receive  it  for  like  purpose  without  charge. 

§  8.  In  any  case  where  the  court  shall  award  a  child  to  the  care  of  any  association 
or  individual,  in  accordance  with  the  provisions  of  this  act,  the  child  shall,  unless 
otherwise  ordered,  become  the  ward  and  be  subject  to  the  guardianship  of  the  associa- 
tion or  individual  to  whose  care  it  is  committed  ;  such  association  or  individual  shall 
have  authority)  by  and  with  the  assent  of  the  court  to  place  such  a  child  In  a  family 


REPORT  OF  THE  PROBATION  COMMISSION.  225 

home  with  or  without  indenture,  and  may  be  made  parties  to  any  proceeding  for  the 
legal  adoption  of  the  child  and  may  by  its  or  his  attorney  or  legal  agent  appear 
in  any  court  where  such  proceedings  are  pending  and  assent  to  such  adoption  ;  and 
such  assent  shall  be  sufficient  to  authorize  the  court  to  enter  the  proper  order  or  de- 
cree of  adoption  ;  and  such  guardianship  shall  not,  however,  include  the  guardianship 
of  any  estate  of  the  child.  Any  association,  or  individual  receiving  the  care  or 
custody  of  any  such  child  shall  be  subject  to  visitation  or  inspection  by  the  State 
Board  of  Charities  and  Correction,  of  any  probation  officer  of  such  court  or  any  per- 
son appointed  by  the  court  for  such  purpose,  and  the  court  may  at  any  time  require 
from  such  association,  or  person  a  report  or  reports  containing  such  information,  or 
statements,  as  the  judge  shall  deem  proper,  or  necessary  to  be  fully  advised  as  to  the 
care,  maintenance,  moral  and  physical  training  of  the  child,  as  well  as  the  standing 
and  ability  of  such  association,  or  individual  to  care  for  such  child.  The  jurisdiction 
of  the  court  shall  continue  over  any  child  brought  before  the  court,  or  committed 
under  the  provisions  of  this  act,  and  the  court  shall  have  power  to  order  a  change  in 
the  custody,  or  care  of  such  child  if  at  any  time  it  is  made  to  appear  to  the  court 
that  it  would  be  for  the  best  interest  of  the  child  to  make  such  change. 

§  9.  In  the  case  of  a  delinquent,  neglected  or  dependent  child,  the  court  may  con- 
tinue the  hearing  from  time  to  time,  and  may  commit  the  child  to  the  care  or  cus- 
tody of  a  probation  officer,  and  may  allow  said  child  to  remain  in  its  own  home, 
subject  to  the  visitation  of  the  probation  officer,  such  child  to  report  to  the  proba- 
tion officer  as  often  as  he  may  be  required,  and  subject  to  be  returned  to  the  court 
for  further  or  other  proceedings,  whenever  such  action  may  appear  to  be  necessary, 
or  the  court  may  cause  the  child  to  be  placed  in  a  suitable  family  home,  subject 
to  the  friendly  supervision  of  the  probation  officer  and  the  further  order  of  the  court, 
or  it  may  authorize  the  child  to  be  boarded  out  in  some  suitable  family  home  in  case 
provision  is  made  by  voluntary  contribution  or  otherwise  for  the  paymenjt  of  the 
board  of  such  child  until  a  suitable  provision  may  be  made  for  the  child  in  a  home 
without  such  payment ;  or  the  court  may  commit  such  child,  if  a  boy,  to  an  indus- 
trial school  for  boys,  or  if  a  girl,  to  an  industrial  school  for  girls  ;  or  the  court  may 
commit  the  child  to  any  accredited  institution  within  the  county  incorporated  under 
the  laws  of  this  state,  or  of  any  other  state,  that  may  care  for  delinquent  children,  or 
be  provided  by  a  city  or  county  suitable  for  the  care  of  such  children.  In  no  case 
shall  a  child  be  confined  beyond  the  age  of  sixteen  (16)  years;  a  child  committed  to 
any  such  institution  shall  be  subject  to  the  control  of  the  board  of  managers  thereof,  and 
the  said  board  shall  have  power  to  parole  such  child  on  such  -conditions  as  it  may 
prescribe,  and  the  court  shall,  on  the  recommendation  of  the  board,  have  power  to 
discharge  such  child  from  custody  whenever  in  the  judgment  of  the  court  his  or  her 
reformation  is  complete,  or  the  court  may  commit  the  child  to  the  care  and  custody 
of  some  association  that  will  receive  it,  embracing  in  its  objects  the  care  of  neglected 
or  dependent  children  and  that  has  been  duly  accredited  as  hereinbefore  provided. 

§  10.  When  in  any  county,  where  a  court  is  held,  as  provided  in  section  3  of 
this  act,  a  child  under  the  age  of  sixteen  (16)  years  is  arrested  with  or  without 
warrant,  such  child  may,  instead  of  being  taken  before  a  justice  of  the  peace  or 
public  magistrate,  be  taken  directly  before  such  court,  or  if  the  child  is  taken 
before  a  justice  of  the  peace  or  police  magistrate  it  shall  be  the  duty  of  such  justice 
of  the  peace  or  police  magistrate  to  transfer  the  case  to  such  court,  and  the  officer 
having  the  child  in  charge,  to  take  the  child  before  that  court,  and  in  any  case  the 
court  may  proceed  to  hear  and  dispose  of  the  case  in  the  same  manner-  as  if  the  child 
had  been  brought  before  the  court  upon  petition  or  affidavit  as  herein  provided. 
In  any  case,  the  court  shall  require  notice  to  be  given  and  investigation  to  be  made 
as  in  other  cases  under  this  act  and  may  adjourn  the  hearing  from  time  to  time  for 
that  purpose. 

§  11.  No  court  or  magistrate  shall  commit  a  child  under  fourteen  (14)  years 
of  age  to  a  jail  or  police  station,  but  if  such  child  is  unable  to  give  bail,  it  may 
be  committed  to  the  care  of  the  sheriff,  police  officer  or  probation  officer  or  other 
suitable  person  as  the  court  or  magistrate  shall  direct,  who  shall  keep  such  child  in 
some  suitable  place,  provided  by  the  city  or  county  outside  of  the  enclosure  of  any 
jail  or  police  station.  When  any  child  shall  be  arrested  or  sentenced  to  confine- 
ment in  any  institution  to  which  adult  convicts  are  sentenced,  it  shall  be 
unlawful  to  confine  such  child  in  the  same  building  with  such  adult  convicts,  or  to 
confine  such  child  in  the  same  yard  or  enclosure  with  such  adult  convicts,  or  to  bring 
such  child  into  any  yard  or  building  in  which  adult  convicts  may  be  present. 

15 


226  REPORT  OP  THE  PROBATION  COMMISSION. 

§  12.  It  shall  be  the  duty  of  the  superintendent  of  the  State  Industrial  School  for 
Boys  at  Kearney,  and  the  superintendent  of  the  Girls'  Industrial  School  at  Geneva, 
for  juvenile  female  offenders,  and  the  board  of  managers  of  any  other  institution 
to  which  juvenile  delinquent,  neglected  or  dependent  children  may  be  committed  by  the 
court,  to  maintain  an  agent  of  such  institution,  whose  duty  it  shall  be  to  examine 
the  homes  of  children  paroled  from  such  institutions,  for  the  purpose  of  ascertaining 
and  reporting  to  said  court  whether  they  are  suitable  homes ;  to  assist  children 
paroled  or  discharged  from  such  institutions  in  finding  suitable  employment,  and  to 
maintain  a  friendly  supervision  over  paroled  inmates  during  the  continuance  of 
their  parole.  Such  agents  shall  hold  office  subject  to  the  pleasure  of  the  board 
making  the  appointment,  and  shall  receive  such  compensation  as  such  board  shall 
determine,  out  of  any  funds  appropriated  to  such  institutions  applicable  thereto. 

§  13.  All  associations  receiving  children  under  this  act  shall  be  subject  to  the  same 
visitation,  inspection  and  supervision  by  the  State  Board  of  Charities  and  Corrections 
as  are  the  public  charitable  institutions  of  this  state,  and  it  shall  be  the  duty 
of  said  Board  of  Charities  and  Correction  to  pass  annually  upon  the  fitness  of 
every  such  association  as  may  receive  or  desire  to  receive,  children  under  the  provisions 
of  this  act,  and  every  such  association  shall  annually,  at  such  time  as  said  board 
shall  direct,  make  report  thereto  showing  its  condition,  management  and  com- 
petency to  adequately  care  for  such  children  as  are  or  may  be  committed  to  it,  and 
such  other  facts  as  the  said  board  may  require.  And  upon  said  board  being  satisfied 
that  such  association  is  competent  and  has  adequate  facilities  to  care  for  such 
children,  it  shall  issue  to  the  same  a  certificate  to  that  effect,  which  certificate  shall 
continue  in  force  for  one  year,  unless  sooner  revoked  by  said  board ;  and  no  child 
shall  be  committed  to  any  such  association  which  shall  not  have  received  such  a  cer- 
tificate within  fifteen  (15)  months  next  preceding  the  commitment.  The  court  may  at 
any  time  require  from  any  association  receiving  or  desiring  to  receive  children  under 
the  provisions  of  this  act,  such  reports,  information  and  statements  as  the  judge 
Bhall  deem  proper  or  necessary  for  his  action,  and  the  court  shall  in  no  case  be 
required  to  commit  a  child  to  any  association  whose  standing,  conduct  or  care  of 
children  or  ability  to  care  for  the  same  is  not  satisfactory  to  the  court.  But  noth- 
ing in  this  act  shall  be  construed  as  in  any  manner  conflicting  with  the  powers  and 
duties  of  the  Board  of  Public  Lands  and  Buildings  now  prescribed  by  law. 

§  14.  It  shall  be  lawful  for  the  parents,  parent,  guardian  of  any  child,  or 
other  person  having  the  right  to  dispose  of  a  dependent  or  neglected  child,  to 
enter  into  an  agreement  with  any  association  or  institution  incorporated  under  any 
public  or  private  law  of  this  state  or  any  other  state,  for  the  purpose  of  aiding, 
caring  for,  or  placing  in  homes,  such  children  and  being  approved,  as  herein  pro- 
vided for  the  surrender  of  such  child  to  such  association  or  institution,  to  be  taken  and 
cared  for  by  such  association  or  institution,  or  put  into  a  family  home.  Such  agree- 
ment may  contain  any  and  all  proper  stipulations  to  that  end,  and  may  authorize  the 
association  or  institution  by  its  attorney  or  agent  to  appear  in  any  proceeding  for 
the  legal  adoption  of  such  child,  and  consent  to  its  adoption ;  and  the  order  of  the 
court,  made  upon  such  consent,  shall  be  binding  upon  the  child  and  its  parents  or 
guardian  or  other  person  the  same  as  if  such  person  were  personally  in  court  and 
consented  thereto,  whether  made  party  to  the  proceedings  or  not. 

§  15.  The  court  in  committing  children  under  the  provisions  of  this  act,  shall  place 
them  as  far  as  practicable  in  the  care  and  custody  of  some  individual  holding  the 
same  religious  belief  as  the  parents  of  said  child,  or  with  some  association  which 
is  controlled  by  persons  of  like  religious  faith  of  the  parents  of  the  said  child. 

§  16.  Nothing  in  this  act  shall  be  construed  to  repeal  any  portion  of  the  act  to 
aid  industrial  schools  for  girls  and  boys,  and  in  all  commitments  to  said  institutions 
the  acts  in  reference  thereto  shaH  govern  the  same. 

§  17.  This  act  shall  be  liberally  construed  to  the  end  that  its  purpose  may  be 
carried  out,  viz. :  that  the  care,  custody  and  discipline  of  a  dependent,  neglected  or 
delinquent  child  shall  approximate,  as  nearly  as  may  be,  that  which  should 
be  given  .by  its  parents,  and  in  all  cases  where  it  can  be  properly  done  the  child 
to  be  placed  in  an  approved  family  home  and  become  a  member  of  the  family  by 
legal  adoption  or  otherwise. 

§  18.  In "  each  county  the  judge  presiding  over  the  ju';*nile  court,  as  defined  by 
this  act,  may  appoint  a  board  of  four  reputable  .citizens,  *?b^  shall  serve  without 
compensation  to  constitute  a  board  of  visitation,  whose  duty  it  shall  be  to  visit 
as  often  as  oncj  a  year,  all  institutions,  societies  and  associations  within  the  county 


REPORT  OP  THE  PROBATION  COMMISSION.  227 

receiving  children  under  this  act ;  said  visits  shall  be  made  by  not  less  than  two  of 
the  members  of  the  board  who  shall  go  together  or  make  a  joint  report ;  the  said 
board  of  visitors  shall  report  to  the  court,  from  time  to  time,  the  condition  of 
children  received  by  or  in  charge  of  such  associations  and  institutions,  and  shall  make 
an  annual  report  to  the  State  Board  of  Charities  and  Correction  in  such  form  as  the 
board  may  prescribe.  The  county  board  may,  at  their  discretion,  make  appropriations 
for  the  paymenjt  of  the  actual  and  necessary  expenses  incurred  by  the  visitors  in 
the  discharge  of  their  official  duties. 

§  19.  All  acts  or  parts  of  acts  inconsistent  with  provisions  of  this  act  without 
being  more  specifically  designated,  are  hereby  repealed.  But  nothing  in  this  act  shall 
be  construed  as  in  any  manner  conflicting  with  the  compulsory  education  and  child 
labor  laws  of  this  state. 

§  20.  Whereas,  an  emergency  exists,  this  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Adult  Delinquency  and  Dependency. 

Chapter  195,   March  21,   1905. 

AN  ACT  to  provide  for  the  punishment  of  persons  responsible  for,  or  contributing  to 
the  dependency  or  delinquency  of  children. 

Section  1.  That  in  all  cases  where  any  child  shall  be  a  delinquent  or  dependent 
child,  as  defined  by  the  statute  of  this  state,  the  parent  or  parents,  or  persons  hav- 
ing custody  of  such  child,  or  any  other  person,  responsible  for,  or  by  any  act  en- 
couraging, causing  or  contributing  to  the  delinquency  or  dependency  of  such  child, 
Fhall  be  guilty  of  a  misdemeanor,  and  upon  trial  and  conviction  thereof,  shall  be 
fined  in  any  sum  not  exceeding  five  hundred  dollars  (500)  or  imprisoned  in  the 
county  jail  for  a  period  not  exceeding  six  (6)  months,  or  punished  by  both  such 
fine  and  imprisonment.  The  court  may  impose  conditions  upon  any  person  found 
guilty  under  this  act,  and  so  long  as  such  person  shall  comply  therewith  to  the 
satisfaction  of  the  court  the  sentence  may  be  suspended.  Provided,  that  no  such 
sentence  or  execution  thereof  shall  be  stayed  to  exceed  a  period  of  two  (2)  years, 
and  if  at  the  expiration  of  the  stay  of  such  sentence,  or  at  such  time  prior  thereto 
as  the  court  may  deem  proper,  it  shall  appear  to  the  satisfaction  of  the  court  that 
such  person  has  complied  faithfully  with  the  conditions  of  this  probation,  or  such 
suspended  sentence,  the  court  may  suspend  such  sentence  absolutely,  in  which  case 
such  person  may  be  released  therefrom.  If,  at  any  time  during  the  stay  of  execu- 
tion of  any  such  sentence,  it  shall  be  made  to  appear  to  the  satisfaction  of  the  court 
that  the  sentence  ought  to  be  enforced,  the  court  shall  have  the  power  to  revoke 
the  stay  of  such  sentence  and  execution,  and  enforce  the  same,  and  the  term  of 
such  sentence  shall  commence  from  the  date  upon  which  the  same  is  ordered  to  be 
enforced. 

§  2.  The  district  and  county  courts  in  the  several  counties  shall  have  concurrent 
jurisdiction  over  all  cases  coming  within  the  provisions  -of  this  act.  In  counties 
having  a  population  of  more  than  50,000,  county  courts  shall  not  exercise  such 
jurisdiction,  except  in  the  absence  from  the  county  of  the  district  judge  or  judges. 

§  3.  Whereas,  an  emergency  exists,  this  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage  and  approval. 

NEW  JERSEY. 
Adult  Probation. 

Chapter  102,  March  23,   1900. 

AN  ACT  to  provide  for  the  appointment  of  probation  officers,  and  to  define  their  duties 

and  powers. 

Section  1.  The  judges  of  the  court  of  general  quarter  sessions  of  the  peace  in 
and  for  each  county  in  this  state  are  hereby  authorized  and  empowered,  if  in  their 
judgment  the  interests  of  justice  will  be 'promoted  thereby,  to  appoint  one  officer  to 
perform  the  duties  of  a  probation  officer,  as  hereinafter  defined,  and  under  the 
direction  of  said  court;  and  in  any  county  of  the  first  or  second  class  the  said 


228  REPORT  OF  THE  PROBATION  COMMISSION. 

court  may,  with  the  consent  of  the  board  of  chosen  freeholders  thereof  having  first 
been  obtained  by  resolution,  appoint  as  many  assistant  probation  officers  not  exceeding 
three,  one  of  whom  may  be  a  woman,  as  may  be  needed  to  carry  out  the  purposes 
of  this  act ;  each  probation  officer  may  hold  office  during  the  pleasure  of  the  court 
making  the  appointment. 

§  2.  Each  probation  officer  shall,  in  the  execution  of  his  official  duties  have  all 
the  powers  of  a  constable  under  the  laws  of  this  state ;  he  shall  keep  a  complete 
and  accurate  record  of  each  case  committed  to  his  care  or  investigated  by  him  in 
suitable  books,  to  be  provided  by  the  board  of  chosen  freeholders  of  the  county  for 
that  purpose,  which  record  shall  be  at  all  times  open  to  the  inspection  of  the  court 
or  any  person  appointed  by  the  court  for  that  purpose  as  well  as  of  all  magistrates 
within  the  county,  and  the  chief  of  police  or  other  head  officer  of  police  of  any  city, 
town,  township  or  borough  within  the  Bounty  unless  otherwise  ordered  in  any  par- 
ticular case  or  matter  by  the  court  appointing  him. 

§  3.  The  probation  officer  shall  whenever  directed  by  the  court,  carefully  inqui-re 
into  the  antecedents,  character  and  offense  of  every  person  arrested  for  crime  within 
the  jurisdiction  of  the  court  appointing  him ;  blanks  for  that  purpose  shall  be  pre- 
pared and  filed  in  his  office  in  each  case  for  the  use  of  the  court  and  for  reference. 

§  4.  In  case  the  record  of  any  person  convicted  of  crime  shall  in  the  judgment 
of  the  court  .so  justify,  it  shall  be  lawful  for  the  court  in  which  the  conviction 
is  had,  instead  of  imposing  the  penalty  provided  by  law  for  the  offense,  to  suspend 
the  imposition  of  the  penalty,  and  to  order  the  person  so  convicted  to  be  placed  upon 
piobation  under  the  care  of  such  probation  officer  for  such  time  and  upon  such  con- 
ditions as  the  court  in  its  order  shall  determine. 

§  5.  It  shall  be  the  duty  of  the  court  to  establish  rules  and  regulations  for  the 
government  of  the  probation  officer  and  of  convicted  persons  committed  to  the  care 
of  such  probation  officer,  and  to  enforce  the  observance  thereof  by  persons  so  con- 
victed and  committed  to  the  care  of  the  probation  officer,  by  any  process  of  law  proper 
to  be  issued  for  the  taking  into  custody  or  otherwise  of  any  person  after  conviction  of 
crime ;  and  it  shall  be  lawful  for  the  court,  at  any  time,  when  it  would  appear  that 
the  interests  of  justice  so  require,  to  impose  the  penalty  provided  by  law  for  the 
offense,  for  which  any  person  may  be  committed  to  the  custody  of  the  probation 
officer,  and  to  direct  that  such  person  shall  enter  upon  the  sentence  when  so  imposed. 

§  6.  The  compensation  of  the  probation  officer  in  each  county  appointed  under  the 
provisions  of  this  act  shall  be  fixed  by  the  court,  and  when  so  fixed,  shall  be 
paid  by  the  county  collector  from  the  treasury  of  the  county  upon  a  voucher  ap- 
proved from  time  to  time  by  a  judge  of  said  court;  Provided,  however,  that  it  shall 
be  within  the  power  of  the  board  of  chosen  freeholders  of  any  county  of  the  first 
or  second  class  to  fix  the  compensation  of  such,  probation  officer  where  more  than  one 
such  probation  officer  shall  be  appointed  in  any  such  county  under  the  provisions 
of  this  act. 

§  7.  In  case  of  the  absence  or  disqualification  of  any  probation  officer  for  any 
cause,  any  judge  of  said  court  may  appoint  one  of  the  constables  of  said  court, 
or  some  other  person,  as  a  probation  officer  pro  tempore,  who  shall  receive  as  com- 
pensation for  each  day's  services  a  sum  equal  to  the  rate  per  day  of  the  salary 
of  the  probation  officer ;  Provided,  that  the  compensation  paid  for  any  excess  for 
over  thirty  days'  absence  of  any  probation  officer  in  any  one  year  shall  be  deducted 
from  the  salary  of  such  probation  officer. 

§  8.  The  actual  expenses  and  disbursements  incident  to  the  proper  performance  of 
the  duties  of  the  probation  officer  shall  be  presented  to  the  court  in  the  form  of 
an  itemized  voucher,  and  when  the  same  shall  be  approved  by  the  court  the  proba- 
tion officer  shall  be  reimbursed  for  the  same  from  the  treasury  of  the  county. 

§  9.  Any  person  convicted  of  crime  and  released  upon  probation  who  shall  violate 
the  condition  of  his  probation  or  the  rules  and  regulations  governing  the  same,  or 
who  shall  re-engage  in  criminal  practices,  or  become  abandoned  to  improper  associa- 
tions or  a  vicious  life,  may,  by  order  of  the  court,  be  taken  into  custody  and 
sentenced  for  his  original  offense,  and  in  computing  the  period  of  his  confinement, 
if  imprisonment  shall  be  imposed,  the  time  between  his  release  upon  probation  and  his 
rearrest  shall  not  be  reckoned  as  a  part  of  the  term ;  Provided,  however,  that  no  per- 
son shall  be  so  taken  into  custody  or  sentenced  or  resentenced  under  this  act  for  an 
offense  for  which  he  may  have  been  released  upon  probation  after  a  period  of 
three  years  has  elapsed  from  the  date  of  the  original  conviction. 

§   10.  This  act  shall  take  effect  immediately. 


REPORT  OP  THE  PROBATION  COMMISSION.  229 

NEW    JERSEY. 
Juvenile  Courts  and  Probation  System. 

Chapter  219,   April   18,   1903. 

AN  ACT  establishing  a  court  for  the  trial  of  juvenile  offenders  and  defining  its 

duties  and  powers. 

Section  1.  When  a  boy  or  girl  under  the  age  of  sixteen  (16)  years  shall  be  ar- 
rested upon  complaint  of  any  crime  (except  murder  or  manslaughter),  or  of  being  a 
disorderly  person,  or  being  habitually  vagrant  or  of  being  incorrigible,  it  shall 
be  lawful  for  the  magistrate  before  whom  he  or  she  shall  be  taken  to  forthwith 
commit  said  boy  or  girl  to  the  county  jail  to  await  trial  as  such  trial  is  herein- 
after provided,  or  to  parole  him  to  await  trial,  upon  such  conditions  as  the  said 
magistrate  shall  determine,  and  forthwith  send  the  complaint  to  the  clerk  of  the 
court  for  the  trial  of  juvenile  offenders  established ;  Provided,  lioivever,  this  act  shall 
not  apply  to  any  case  where  two  or  more  are  jointly  charged  with  the  commission 
of  some  crime  and  one  of  them  is  over  the  age  of  sixteen  (16)  years. 

§  2.  The  judge  for  the  time  being  of  the  court  of  common  pleas  of  each  and 
every  county  of  this  state  shall  constitute  a  court  for  the  trial  of  juvenile  offenders 
in  and  for  such  county,  which  court  shall  be  a  court  of  record  and  have  and  possess 
the  jurisdiction  and  powers  conferred  by  this  act ;  the  clerks  of  the  respective 
counties  shall  be  the  clerks  of  said  courts ;  and  all  precepts,  writs  and  process 
issuing  out  of  said  court  shall  be  signed  by  said  clerk  and  sealed  with  the  seal 
of  said  court  and  be  tested  on  the  day  the  same  may  be  issued  and  in  the  name 
of  the  judge  of  said  court,  and  the  sheriffs  of  the  respective  counties  shall  be  offi- 
cers of  said  court,  and  shall  have  and  possess  in  all  things  pertaining  to  said 
courts,  and  to  the  service  of  process  therein,  the  same  power  and  authority  as  in 
the  court  of  quarter  sessions. 

§  3.  The  said  judge  of  the  court  of  common  pleas,  upon  receipt  of  said  com- 
plaint sBall  with  all  due  and  reasonable  speed  proceed  to  hold  a  session  of  said 
court  for  the  trial  of  juvenile  offenders ;  it  shall  be  the  duty  of  the  prosecutor  to 
prefer  to  the  said  court  an  accusation  in  writing  alleging  that  the  said  offender  is  a 
juvenile  delinquent  and  has  committed  one  or  more  of  the  offenses  named  in  the 
first  section  of  this  act  upon  which  said  charge  of  juvenile  delinquency  is  based, 
and  the  time  and  place  when  and  where  the  same  was  committed ;  to  which 
accusation  the  boy  or  girl  so  charged  shall  forthwith  be  brought  before  the  said 
court  to  plead ;  but  shall  before  pleading  thereto  be  instructed  as  to  his  rights  to  be 
charged  upon  the  indictment  or  presentment  of  the  grand  jury  and  to  have  a  trial 
by  jury. 

§  4.  The  court  shall  fix  an  early  day  for  his  or  her  trial  before  said  court,  and 
shall  cause  notice  to  be  given  to  the  parent  or  guardian  of  said  boy  or  girl,  if  any 
there  be,  of  th«  time  and  place  fixed  for  such  trial,  and  shall  assign  counsel  to  said 
boy  or  girl,  if  he  or  she  be  not  able  to  procure  the  same,  which  counsel  shall  have 
free  access  to  such  boy  or  girl  at  all  reasonable  hours ;  pending  such  hearing  the 
said  court  may  make  such  disposition  of  said  boy  or  girl  as  to  it  may  seem  best ; 
Provided,  hoicever,  that  if  said  court  shall  think  proper,  it  may  refuse  to  hear 
said  charge,  and  may  send  the  complaint  to  the  grand  jury  of  the  .county,  to  be  dis- 
posed of  according  to  law. 

§  5.  The  said  notice,  unless  it  is  waived  by  said  parent  or  guardian,  shall  be  served 
by  the  sheriff,  a  constable  or  police  officer  by  delivering  a  copy  thereof  personally  to 
the  party  to  whom  it  is  addressed  or  leaving  it  with  some  person  of  full  age  at  the 
place  of  residence  or  business  of  said  party  and  immediate  return  shall  be  made  to 
said  court  under  oath  of  the  time  and  manner  of  such  service. 

§  6.  At  the  time  and  place  mentioned  in  said  order,  or  the  time  and  place  to 
•which  tLe  hearing  may  be  adjourned,  the  said  judge  shall  proceed  to  hold  a  session  of 
the  court  for  the  trial  of  juveni-le  offenders,  for  the  trial  of  the  boy  or  girl  so 
charged,  and  the  said  court  shall  determine  and  adjudge  his  or  her  guilt  or  innocence, 
and  furl  power  so  to  do  is  hereby  conferred  upon  said  court ;  the  proceedings  for 
bringing  such  boy  or  girl  before  said  court  for  trial,  subpoenaing  of  witnesses,  his  or 
her  plea  and  trial  shall  be  inv  conformity  with  the  law,  and  like  proceedings  in  the 
court  of  quarter  sessions. 

§7.  If  said  boy  or  girl  shall  plead  guilty  to  or  be  convicted  on  said  charge,  he  or 
t>he  shall  be  deemed  and  adjudged  to  be  a  juvenile  delinquent,  and  the  said  court  for 


230  REPORT  OF  THE  PROBATION  COMMISSION. 

the  trial  of  juvenile  offenders  may  commit  him  or  her  to  the  State  Home  for  Boys, 
or  the  State  Home  for  Girls  as  the  case  may  be ;  or  may  commit  such  boy  or  girl  to 
any  public  institution  established  for  the  care,  custody,  instruction  and  reform  of 
juvenile  offenders  which  is  maintained  by  the  county  in  which  said  court  is  located ; 
or  may  commit  said  boy  or  girl  to  any  like  institution  maintained  by  any  city,  town, 
township,  borough  or  other  municipality  in  such  county ;  Provided,  that  said  boy  or 
girl  shall  reside  in  such  city,  town,  township,  borough  or  other  municipality ; 
or  may  suspend  sentence  and  order  said  offender  to  be  placed  upon 
probation  under  the  care  of  the  probation  officer  of  the  county,  for 
such  time  and  upon  such  conditions  as  the  court  may  determine ;  or  may 
render  and  record  against  such  boy  or  girl  such  judgment  of  imprisonment,  or  fine 
or  both,  as  provided  by  law  for  the  offense  upon  which  such  conviction  of  juvenile 
delinquency  is  based :  Provided,  that  where  the  offense  charged  in  the  complaint  con- 
stitutes a  crime  nothing  in  this  act  shall  prevent  a  boy  or  girl  under  the  age  of 
sixteen  years  from  being  charged  upon  the  indictment  or  presentment  of  a  grand 
jury,  or  from  being  accorded  a  trial  by  jury,  if  he  or  she  so  demands,  at  any  time 
before  trial,  and  if  in  such  case  said  boy  or  girl  demands  the  indictment  or  present- 
ment of  a  grand  jury  and  a  trial  by  jury,  the  complaint  shall  be  sent  to  the  clerk  of 
the  grand  jury  and  the  said  boy  or  girl  shall  be  dealt  with  according  to  the  usual 
course  of  law. 

§  8.  "An  act  to  provide  for  the  appointment  of  probation  officers  and  to  define 
their  duties  and  powers,"  approved  March  23,  1900,  with  the  amendments  and  sup- 
plements thereto,  shall  be  in  full  force,  and  shall  apply  to  persons  tried  and  con- 
victed by  the  said  court  for  the  trial  of  juvenile  offenders,  so  far  as  it  may  be 
applicable  thereto,  and  except  as  it  is  inconsistent  with  the  provisions  of  this  act. 

§   9.   All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed. 

§   10.  This  act  shall  take  effect  immediately. 

Power  of  Magistrate  to  Place  Offender  on  Probation. 

Chapter  221,   April  8,   1903. 

A  Supplement  to  an  act  entitled  "An  act  to  provide  for  the  appointment  of  probation 
officers  and  to  define  their  duties  and  powers,"  approved  March  twenty-third, 
nineteen  hundred. 

Section  1.  When  any  person  is  convicted  before  any  magistrate  in  any  municipality 
in  this  state  of  any  crime  or  of  being  a  disorderly  person,  and  the  record  of  the  per-' 
son  shall  so  justify,  it  shall  be  lawful  for  the  said  magistrate,  instead  of  imposing  the 
penalty  provided  by  law  for  the  offense,  to  suspend  the  imposition  thereof  and  order 
the  person  so  convicted  to  be  placed  upon  probation  under  the  care  of  the  probation 
officer  of  the  county,  if  any  such  there  be,  for  such  time  and  upon  such  conditions 
as  the  said  magistrate  in  his  order  shall  determine. 

§  2.  The  magistrate  shall  forthwith  send  a  copy  of  the  complaint  upon  which 
said  conviction  has  been  had,  and  of  the  order  placing  the  offender  upon  probation, 
to  the  county  probation  officer,  together  with  such  statement  of  the  antecedents  and 
history  of  said  probationer  as  may  be  required  under  the  rules  established  by  the 
court  of  general  quarter  sessions  of  the  peace  of  said  county  for  the  government  of 
the  probation  officer,  and  of  convicted  persons  committed  to  his  care. 

Jj  o.  The  probation  officer  shall  have,  in  his  supervision  of  the  person  so  committed 
to  his  care,  all  the  powers  and  be  subject  to  the  same  duties  as  are  conferred  and 
imposed  upon  him  by  the  act  to  which  this  is  a  supplement,  with  reference  to 
offenders  committed  to  his  care  by  the  court  of  general  quarter  sessions  of  the  peace, 
and  the  person  so  committed  to  the  probation  officer  shall  be  subject  to  the  before 
mentioned  rules  and  regulations,  and  if  he  or  she  shall  violate  said  rules  and  regula- 
tions, or  the  conditions  of  his  or  her  probation,  or  shall  re-engage  in  criminal  prac- 
tices or  become  abandoned  to  improper  associations  or  a  vicious  life,  the  probation  offi- 
cer shall  report  such  conduct  to  the  .court  before  whom  the  offender  was  convicted, 
which  said  court  may  then  order  him  to  be  taken  into  custody  by  any  process 
of  law  proper  to  be  issued  for  the  taking  into  custody  or  otherwise  of  any  person 
after  conviction  of  crime,  and  u-pon  his  being  brought  before  said  court  it  may 
impose  the  penalty  provided  by  law  for  the  offense  for  which  he  was  convicted,  and 
direct  that  said  person  shall  enter  upon  the  sentence  so  imposed,  and  in  computing 


REPORT  OF  THE  PROBATION  COMMISSION.  231 

the  period  of  his  confinement,  if  imprisonment  shall  be  imposed,  the  time  between 
his  or  her  release  upon  probation  and  his  re-arrest  shall  not  be  reckoned  as  part 
ot  the  term. 

§  4.  If  a  part  of  the  condition  upon  which  such  offender  is  committed  to  the  care 
of  the  probation  officer  be  the  payment  of  fine,  said  fine  shall,  inure  to  the  benefit  of 
the  county,  and  the  magistrate  before  whom  said  offender  is  convicted,  if  he  shall 
collect  raid  fine  or  aiiy  portion  thereof,  shall  remit  the  same  to  the  county  probation 
otficer  with  the  copy  of  the  complaint  and  order  in  said  case,  and  the  probation  officer 
shall  account  for  and  turn  over  the  same  or  any  money  collected  by  him  on  ac- 
count thereof  to  the  picper  county  officer  with  the  moneys  collected  by  him. from 
offenders  committed  to  his  care  by  the  court  of  general  quarter  sessions  of  the  peace. 

§  5.  All  acts  and  parts  of  acts  inconsistent  herewith  are  hereby  repealed,  and  this 
act  shall  take  effect  immediately. 

Powers  of  Probation  Officers. 

Chapter  132,  March  28,   1904. 

A  Supplement  to  an  act  entitled  "An  act  to  provide  for  the  appointment  of  pro- 
bation officers  and  to  define  their  duties  and  powers,"  approved  March  twenty- 
third,  one  thousand  nine  hundred. 

Section  1.  The  probation  officer  appointed  in  any  county,  and  each  of  his  assist- 
ants, may  arrest  upon  view,  any  person  convicted  of  crime  and  placed  upon  probation 
i; rider  the  cere  of  sucu  probation  officer,  who  in  the  judgment  of  said  probation  ofS- 
cer  shall  have  violated  the  condition  of  his  probation,  or  the  rules  and  regulations 
governing  the  same,  or  shall  have  re-engaged  in  criminal  practices,  or  become  aban- 
doned to  improper  associations  or  a  vicious  life,  and  a  certificate  by  said  probation 
officer,  that  said  probationer  has,  in  his  judgment,  forfeited  his  probation  in  any  of 
the  respects  before  mentioned,  shall  be  a  sufficient  warrant  for  the  detention  of  said 
probationer  in  the  coxmty  jail  until  the  determination  of  the  inquiry  by  the  court, 
hereinafter  provided  for. 

§  2.  The  probation  officer  shall  forthwith  report  to  the  judge  of  the  court  of 
general  quarter  sessions  of  the  peace  in  and  for  said  county,  that  said  probationer 
has,  in  his  judgment,  forfeited  his  probation  in  some  one  or  more  of  the  respects 
above  mentioned,  and  has  been  taken  into  custody ;  and  said  court  shall  forthwith 
cause  the  prisoner  to  be  brought  -before  him,  and  shall  inquire  summarily  into  the 
conduct  of  said  probationer  since  he  was  committed  to  the  care  of  the  probation 
officer,  and  if  the  court  shall  be  satisfied  that  he  has  violated  the  condition  of  his 
probation,  or  the  rules  and  regulations  governing  the  same,  or  has  re-engaged  in 
criminal  practices,  or  become  abandoned  to  improper  associations  or  a  vicious  life, 
the  said  probationer  may  be  sentenced  for  his  original  offense,  and  in  computing,  the 
the  period  of  his  confinement,  if  imprisonment  shall  be  imposed,  the  time  between 
his  release  from  probation  and  his  re-arrest,  together  with  the  time  spent  in  the 
county  jail  after  said  re-arrest,  shall  not  be  reckoned  as  a  part  of  the  term ;  Provided, 
however,  that  no  person  shall  be  taken  into  custody  or  sentenced  or  re-sentenced  under 
this  act,  for  any  offense  for  which  he  may  have  been  released  upon  probation,  after 
a  period  of  three  years  has  elapsed  from  the  date  of  the  original  conviction. 

§  3.  If  on  said  inquiry  the  said  judge  shall  be  of  the  opinion  that  the  interests 
of  justice  do  not  require  the  imposition  of  the  penalty  provided  by  law  for  the 
offense  of  which  said  probationer  stands  convicted,  and  that  said  probationer  shall 
be  recommitted  to  the  care  of  the  probation  officer,  he  shall  discharge  the  said 
probationer  from  arrest  and  may  also  recommit  him  to  the  care  of  the  probation 
officer  for  such  time,  and  upon  such  conditions  as  the  court  in  its  order  may  deter- 
mine. 

§  4.  All  acts  or  parts  of  acts  inconsistent  herewith  are  hereby  repealed,  and  this 
act  shall  take  effect  immediately. 

Adult  Delinquency. 
Chapter  160,  April  17,   1905  :   supplementing  1903  ch.   219. 

Section  1.  In  all  cases  where  any  child  shall  be  a  delinquent  child  or  a  juvenile 
delinquent  person,  as  defined  by  the  statutes  of  this  state,  the  parent  or  parents,  legal 
guardian  or  person  having  custody  of  such  child,  or  any  other  person  wilfully  respon- 


232  KEPORT  OF  THE  PROBATION  COMMISSION. 

sible  for,  or  by  any  continued  negligence  or  wilful  act  encouraging,  causing  or  con- 
tributing tp  the  delinquency  of  such  child  shall  be  guilty  of  a  misdemeanor,  and  upon 
trial  and  conviction  thereof  shall  be  .fined  in  a  sum  not  to  exceed  one  thousand  dol- 
lars ($1,000)  or  imprisonment  in  the  county  jail  for  a  period  not  exceeding  six  (6) 
months,  or  by  both  such  fine  and  imprisonment.  The  court  may  impose  conditions 
upon  any  person  found  guilty  under  this  act,  and  so  long  as  such  person  shall 
comply  therewith  to  the  satisfaction  of  the  court  the  sentence  imposed  may  be  sus- 
pended. 

§  2.  All  acts  and  parts  of  acts  inconsistent  with  this  act  be  and  the  same  are 
hereby  repealed,  and  this  act  shall  take  effect  immediately. 

Deserting  Husband  Placed  on  Probation. 

Chapter  203,   April   28,   1905. 

AN  ACT  to  amend  an  act,  entitled  "A  supplement  to  an  act  entitled  'An  act  to  pro- 
vide for  the  appointment  of  probation  officers  and  to  define  their  duties  and  pow- 
ers,' approved  March  twenty-third,  nineteen  hundred,"  which  supplement  was  ap- 
proved April  eighth,  nineteen  hundred  and  three. 

I.  Section  one  of  said  supplement,  which  was  approved  April  eighth,  nineteen 
hundred  and  three,  be  and  hereby  is  amended  so  as  to  read  as  follows  : 

Section  1.  When  any  person  is  convicted  before  any  magistrate  in  any  municipal- 
ity in  this  state  of  any  crime,  or  of  being  a  disorderly  person,  or  for  desertion  or 
non-support  of  wife  or  minor  child  or  children,  or  for  neglect  or  abuse  of  minor 
child  or  children,  and  the  record  of  the  person  shall  so  justify,  it  shall  be  lawful  for 
the  said  magistrate,  instead  of  imposing  the  penalty  provided  by  law  for  the  offense, 
to  suspend  the  imposition  thereof  and  order  the  person  so  convicted  to  be  placed 
upon  probation  under  the  care  of  the  probation  officer  of  the  county,  if  any  such  there 
be,  for  such  time  and  upon  such  conditions  as  the  said  magistrate  in  his  order 
shall  determine.  This  section,  however,  shall  not  permit  such  magistrate  to  suspend 
the  operation  of  any  order  requiring  a  person  adjudged  a  disorderly  person  for  de- 
sertion or  wilful  refusal  or  neglect  to  provide  for  and  maintain  his  wife  or  other 
family  to  pay  a  sum  weekly  or  otherwise  for  the  support  and  maintenance  of  his 
family. 

§  2.  Section  four  of  the  said  supplement,  which  was  approved  April  eighth,  nineteen 
hundred  and  three,  be  and  hereby  is  amended  so  as  to  read  as  follows  : 

§  4.  If  a  part  of  the  condition  upon  which  such  offender  is  committed  to  the 
care  of  the  probation  officer  be  the  payment  of  fine,  said  fine  shall  inure  to  the  benefit 
of  the  county,  and  said  magistrate  before  whom  said  offender  is  convicted,  if  he  shall 
collect  said  fine,  or  any  portion  thereof,  shall  remit  the  same  to  the  county  pro- 
bation officer,  with  the  copy  of  the  complaint  and  order  in  said  case,  and  the  probation 
officer  shall  account  for  and  turn  over  the  same,  or  any  money  collected  by  him  on 
account  thereof,  to  the  proper  county  officer,  with  the  moneys  collected  by  him 
from  offenders  committed  to  his  care  by  the  court  of  general  quarter  sessions  of 
the  peace :  Provided,  however,  That  all  fines,  penalties  or  moneys  ordered  to  be  paid 
by  persons  convicted  of  desertion  or  oon-support  of  wife  or  minor  child  or  children, 
or  of  neglect  or  abuse  of  minor  child  or  children,  shall  be  paid  to  the  overseer  of 
the  poor  of  the  municipality  in  which  such  conviction  was  had,  or  other  proper  officer, 
as  is  now  provided  by  law,  to  be  used  and  expended  for  the  benefit  of  such  wife 
or  minor  child  or  children. 

§   3.  This  act  shall  take  effect  immediately. 

NEW  YORK. 
Probation  System. 

Chapter  372,  April  17,  1901 :  amdg.  Code  of  Criminal  Procedure,  §   483,  487,  941-43, 
946,  and  adding  §    HA. 

AN  ACT  to  amend  the  code  of  criminal  procedure,  relating  to  the  appointment  of  pro- 
bationary officers  and  defining  their  duties. 

Section  1.  Title  one,  part  one  of  the  code  of  criminal  procedure  is  hereby  amended 
by  adding  thereto  a  new  section  to  be  known  as  section  11-a,  to  read  as  follows : 

§  11-a.  1.  The  justices  of  the  courts  having  original  jurisdiction  of  criminal 
actions  in  all  the  cities  of  the  state,  shall  from  time  to  time  appoint  a  person  or 


REPORT  OF  THE  PROBATION  COMMISSION.  233 

persons  to  perform  the  duties  of  probation  officer  as  hereinafter  described,  within  the 
jurisdiction  and  under  the  direction  of  said  court  or  justice,  to  hold  such  office  dur- 
ing the  pleasure  of  the  court  or  justice  making  such  appointment.  Such  probation 
officer  may  be  chosen  from  among  private  citizens,  male  or  female,  clerks  or  assist- 
ants of  the  court  making  the  appointment,  or  from  the  officers,  deputies,  assistants 
oi'  clerks  of  the  district  attorney's  office  in  the  county  wherein  the  court  making  the 
appointment  is  held.  Any  officer  or  member  of  the  police  force  of  any  city  or  in- 
corporated village  who  may  be  detailed  to  duty  in  such  courts,  or  any  constable  or 
peace  officer,  may  be  employed  as  probation  officer  upon  the  order  of  any  court  or 
justice  as  herein  provided.  No  probation  officer  appointed  under  the  provisions  of  this 
section  shall  receive  compensation  for  his  services  as  such  probation  officer,  but  this 
shall  not  be  construed  to  deprive  any  court  clerk  or  court  assistant  or  any  officer, 
deputy  assistant  or  clerk  of  a  district  attorney's  office,  or  any  officer  or  member  of 
the  police  force,  or  any  constable  or  peace  officer,  appointed  probation  officer  as 
herein  provided,  from  receiving  the  salary  or  compensation  attached  to  his  said 
official  employment. 

2.  Every  probation  officer  so  appointed  shall  when  so  directed  by  the  court  Inquire 
into  the  antecedents,  character  and  offense  of  persons  over  the  age  of  sixteen  years 
arrested  for  a  crime  within  the  jurisdiction  of  the  court  appointing  him  and  shall 
report  the  same  to  the  court.  It  shall  be  his  duty  to  make  such  report  of  all  cases 
investigated  by  him,  of  all  cases  placed  in  his  care  by  the  court  and  of  any  other 
duties  performed  by  him  in  the  discharge  of  his  office,  as  shall  be  prescribed  by  the 
court  or  justice  making  the  appointment,  or  his  successor,  or  by  the  court  or  justice 
assigned  to  the  case  to  him,  or  his  successor,  which  report  shall  be  filed  with  the 
clerk  of  the  court,  or  where  there  is  no  clerk,  with  the  justice  thereof.  He  shall 
furnish  to  each  person  released  on  probation  committed  to  his  care  a  written  state- 
ment of  the  terms  and  conditions  of  his  probation,  and  shall  report  to  the  court  or 
justice  appointing  him  any  violation  or  breach  of  the  terms  and  conditions  imposed 
by  said  court,  of  the  persons  placed  in  his  care.  Such  probation  officer  shall  have, 
as  to  the  persons  so  committed  to  their  care,  the  powers  of  a  peace  officer. 

§  2.  Sections  483,  487,  941,  942,  943  and  946  of  the  code  of  criminal  procedure, 
are  amended  to  read  as  follows  : 

§  483.  After  a  plea  or  verdict  of  guilty,  in  a  case  where  a  discretion  is  conferred 
upon  the  court  as  to  the  extent  of  the  punishment,  the  court,  upon  the  suggestion  of 
either  party  that  there  are  circumstances,  which  may  be  properly  taken  into  view, 
either  in  aggravation  cr  mitigation  of  the  punishment,  may,  in  its  discretion,  hear 
the  same  summarily  at  a  specified  time,  and  upon  such  notice  to  the  adverse  party 
as  it  may  direct.  At  such  specified  times,  if  it  shall  appear  by  the  record  and  the 
circumstances  of  any  person  over  the  age  of  sixteen  years  convicted  of  crime,  that 
there  are  circumstances  in  mitigation  of  the  punishment,  the  court  shall  have  power, 
in  its  discretion,  to  place  the  defendant  en  probation  in  the  manner  following  : 

1.  If   the  sentence   be   suspended,    the   court   upon    suspending   sentence,    may  direct 
that  such  suspension  continue  for  such  period  of  time  and  upon  such  terms  and  con- 
ditions   as    it   shall    determine,    and    shall    place   such   person   on   probation   under   the 
charge  and  supervision  of  the  probation  officer  of  said  court  during  such  suspension. 

2.  If  the  judgment  is  to  pay  a  fine  and  that  the  defendant  be  imprisoned  until  it  be 
paid,  the  court  upon  imposing  sentence,  may  direct  that  the  execution  of  the  sentence 
of  imprisonment  be  suspended  for  such  period  of  time,  and  on  such  terms  and  condi- 
tions  as   it   shall   determine,   and  shall   place   such  defendant  on   probation   under   the 
charge  and  supervision  of  the  probation  officer  during  such  suspension  provided,  how- 
ever, that  upon  payment  of  the  fine  being  made,  the  judgment  shall  be  satisfied   and 
the  probation  cease. 

3.  At  any   time   during   the   probationary  term   of  a   person   convicted   and   released 
on  probation  in  accordance  with  the  provisions  of  this  section,  the  court  before  which, 
or  the  justice   before  whom  the  person   so  convicted  was  convicted,  or   his  successor, 
may,    in    his    or    its    discretion,    revoke    and    terminate    such    probation.      Upon    such 
revocation    and    termination,    the    court    may,    if    the    sentence    has    been    suspended, 
pronounce  judgment   at  any  time  thereafter,  within   the  longest  period  for  which  the 
defendant  might  have  been   sentenced,   or,   if  judgment  has  been   pronounced   and  the 
execution  thereof  has  been  suspended  the  court  may  revoke  such  suspension,  where- 
upon the  judgment  shall  be  in  full  force  and  effect  for  its  unexpired  term. 

§  487.  If  the  judgment  be  imprisonment,  or  a  fine  and  imprisonment  until  it  be 
paid,  the  defendant  must  forthwith  be  committed  to  the  custody  of  the  proper  officer 


234  REPORT  OF  THE  PROBATION  COMMISSION. 

and  by  him  detained,  until  the  judgment  be  complied  with.  Where,  however,  the 
court  has  suspended  sentence  or  where  after  imposing  sentence,  the  court  has  sus- 
pended the  execution  thereof  and  placd  the  defendant  on  probation  as  provided  in 
section  483  of  the  code  of  criminal  procedure,  the  defendant  over  the  age  of  sixteen 
years  must  forthwith  be  placed  under  the  care  and  supervision  of  the  probation 
officer  of  the  court  committing  him,  until  the  expiration  of  the  period  of  probation 
and  the  compliance  with  the  terms  and  conditions  of  the  sentence  or  of  the  suspen- 
sion thereof.  Where,  however,  the  probation  has  been  terminated,  as  provided  in 
paragraph  4  of  section  483  of  the  code  of  criminal  procedure,  and  the  suspension  of 
the  sentence  or  of  the  execution  revoked,  and  the  judgment  pronounced,  the  defendant 
must  forthwith  be  committed  to  the  custody  of  the  proper  officer  and  by  him  detained 
until  the  judgment  be  complied  with. 

§  941.  Within  ten  days  after  the  adjournment  of  any  criminal  court  of  record  in 
this  state,  the  district  attorney  of  the  county  in  which  the  court  shall  be  held  shall 
furnish  to  the  clerk  of  the  county  a  certified  statement  containing  the  names  of  all 
persons  convicted  of  crimes  in  said  court ;  the  crime  for  which  convicted ;  whether 
the  conviction  was  upon  a  trial  or  upon  a  plea  of  guilty  and  whether  sentence  was 
suspended  or  the  defendant  placed  on  probation ;  the  cases  in  which  counsel  were 
assigned  by  the  court  to  defend  the  defendant ;  the  sex,  age,  nativity,  residence  and 
occupation  of  the  defendant ;  whether  married  or  single ;  the  degree  of  education 
and  religious  instruction  ;  whether  parents  are  living  or  dead ;  whether  temperate  or 
intemperate  and  whether  before  convicted  or  not  of  any  crime,  and  any  other  informa- 
tion regarding  them  as  may  seem  to  him  expedient.  If  necessary  in  order  to  obtain 
the  information  of  these  facts  the  defendant  may  be  interrogated  upon  oath  in  court 
by  the  district  attorney  before  judgment  is  pronounced.  He  shall  also  furnish  to 
the  clerk  of  the  court  a  certified  statement  containing  the  names  of  all  probation 
officers  appointed  by  the  court  with  their  addresses  and  date  of  appointment. 

§  942.  The  clerk  or  the  deputy  clerk  of  the  court  cf  special  sessions  in  the  city 
and  county  of  New  York  shall  on  or  before  the  first  day  of  February,  1895,  and  quar- 
terly thereafter,  transmit  to  the  secretary  of  state  a  tabulated  and  certified  statement, 
in  the  form  prescribed  by  the  secretary  of  state,  containing  the  name  of  every  person 
convicted  of  a  crime,  of  every  person  against  whom  sentence  was  suspended,  and  of 
every  person  placed  on  probation  in  such  court,  after  October  31,  1894,  and  since 
the  date  of  the  closing  of  each  last  preceding  quarterly  report ;  a  description  of  the 
offense  of  which  such  person  was  convicted ;  whether  the  conviction  was  upon  a  trial 
or  upon  a  plea  of  guilty ;  and  the  fate  of  the  conviction  ;  and  also  a  certified  state- 
ment containing  the  names  of  all  probation  officers  appointed  by  the  court  with  their 
address  and  date  of  appointment  The  police  clerks  of  the  city  magistrates  of  the 
city  of  New  York,  shall  on  or  before  February  1,  1901,  and  annually  thereafter 
transmit  to  the  secretary  of  state,  a  tabulated  statement  made  from  their  records, 
showing  the  number  of  males  and  females  convicted  of  crimes  during  each  month 
in  the  preceding  quarter  in  the  several  courts  of  such  city  magistrates  ;  the  number 
convicted  of  each  offense,  the  number  sentenced  the  number  fined  the  number  of 
those  against  whom  sentence  was  suspended  and  the  number  placed  on  probation  ;  and 
shall  also  furnish  a  certified  statement  containing  the  names  of  all  probation  officers 
appointed  by  the  magistrates  with  their  address  and  date  of  appointment.  Such 
statement  shall  be  in  the  form  prescribed  by  the  secretary  of  state. 

§  943.  On  and  before  the  first  day  of  February  1895  and  quarterly  thereafter 
the  clerk  of  each  court  shall  transmit  to  the  secretary  of  state  a  tabulated  and  certi- 
fied statement,  in  the  form  prescribed  by  the  secretary  of  state,  of  all  the  matters 
contained  in  the  statements  filed  with  such  clerks  by  the  district  attorney  of  such 
county  after  October  31,  1894  ;  and  of  the  name  of  each  person  shown  to  be  convicted 
by  a  court  of  special  sessions  by  the  certificate  of  conviction  filed  with  him  by  magis- 
trates holding  courts  of  special  sessions  after  October  31,  1894,  and  since  the  date 
of  the  closing  of  each  last  preceding  quarterly  report  made  after  October  31,  1894, 
and  showing  the  offense  for  which  each  person  was  so  convicted,  whether  the  con- 
viction was  upon  a  trial  or  upon  a  plea  of  guilty ;  the  sentence  imposed,  whether 
the  sentence  was  suspended,  and  whether  the  defendant  was  placed  on  probation. 
Said  certified  statement  shall  also  contain  the  names  of  all  probation  officers  appointed 
by  said  courts  of  special  sessions  with  their  address  and  the  date  of  their  appoint- 
ment 

§  946.  The  secretary  of  state  shall  cause  this  title  to  be  published  with  forms  and 
instructions  for  the  execution  of  the  duties  therein  prescribed,  and  copies  thereof  to 


KBPORT  OF  THE  PROBATION  COMMISSION.  235 

be  furnished  annually  to  each  county  clerk.  The  forms  furnished  by  the  secretary 
of  state  as  herein  provided,  shall  contain  in  tabulated  form,  the  nature  of  every 
offense  upon  which  a  conviction  was  had,  the  court  before  which  the  defendant  was 
convicted,  the  character  of  the  sentence  imposed,  the  cases  where  the  defendant  had 
been  previously  convicted,  the  cases  where  the  sentence  was  suspended,  the  cases 
where  the  defendant  was  placed  on  probation  and  the  cases  where  the  probation  was 
revoked,  together  with  the  age,  sex,  nativity  and  residence  of  defendant.  And  a 
sufficient  number  of  the  copies  of  this  title  and  of  such  instructions,  and  of  the 
forms  to  be  used  by  the  district  attorney,  or  clerk  or  deputy  clerk  of  the  court  of 
special  sessions  of  the  city  and  county  of  New  York,  shall  also  be  furnished  to 
each  clerk  to  enable  him  to  furnish  at  least  one  copy  thereof  annually  to  the  district 
attorney,  and  the  clerk  of  the  court  of  special  sessions  of  the  city  and  county  of  New 
York  and  the  county  clerk  shall  distribute  the  copies  of  this  title  and  of  such  forms 
and  instructions  accordingly  and  when  said  county  clerk  is  not  a  salaried  officer  his 
disbursement  and  compensation  for  his  services  under  this  act  shall  be  a  county 
charge.  The  expease  of  the  secretary  of  state  in  publishing  this  title  and  distributing 
copies  thereof,  and  of  such  forms  and  instructions  as  are  herein  required,  shall  be 
paid  by  the  treasurer  of  the  state,  upon  the  warrant  of  the  comptroller  from  moneys 
in  the  treasury  not  otherwise  appropriated. 

§  3.  All  acts  or  parts  of  acts  inconsistent  with  the  provisions  of  this  act,  in  so  far 
as  inconsistent  therewith,  are  hereby  repealed. 

§   4.  This  act  shall  take  effect  September  1,  1901. 

Probation  Officers. 

Chapter   627,  May  1,   1901:   amdg.   1891   ch.   105  by  adding   §   384s,  384c. 

Section  1.  Chapter  105  Laws  1891,  entitled  "An  act  to  revise  the  charter  of  the 
city  of  Buffalo,"  is  hereby  amended  by  adding  therein  after  section  384-a,  two  new 
sections  to  be  known  as  sections  384-b,  384-c,  to  read  as  follows  : 

§  384-b.  The  police  justice  shall  have  authority  to  appoint  or  designate  not  more 
than  five  discreet  persons  of  good  character  to  serve  as  probation  officers  during  the 
pleasure  of  the  police  justice;  said  probation  officer  to  receive  no  compensation  from 
the  public  treasury.  Whenever  any  child  under  or  apparently  under  the  age  of 
sixteen  years  shall  have  been  arrested,  it  shall  be  the  duty  of  said  probation  officers 
to  make  such  investigation  as  may  be  required  by  the  court,  to  be  present  in  court 
in  order  to  represent  the  interests  of  the  child ;  when  the  case  is  heard  to  furnish 
to  the  police  justice  such  information  and  assistance  as  he  may  require,  and  to 
take  charge  of  any  child  before  and  after  trial  as  may  be  directed  by  the  court. 

§  384-c.  Whenever  any  such  child  is  found  guilty  or  pleads  guilty  to  the  com- 
mission of  any  crime  or  misdemeanor  before  the  police  justice,  the  said  police 
justice  may  in  his  discretion  suspend  sentence  during  the  good  behavior  of  the  child 
so  convicted.  The  child  so  convicted  may  be  placed  in  the  care  of  said  probation 
officer  for  such  time  not  to  exceed  three  months  and  upon  such  conditions  as  may 
seem  proper.  Said  probation  officers  shall  have  the  power  to  bring  the  child  so 
convicted  before  the  police  justice  at  any  time  within  three  months  from  the  date  of 
conviction  for  such  disposition  as  may  be  just.  When  practicable  said  child  shall  be 
placed  with  the  probation  officer  of  the  same  religious  faith  as  that  of  the  child's 
parents. 

§   2.  This  act  shall  take  effect  immediately. 

Probation  Officers. 

Chapter  549,  April  11,   1902:   amdg.   1901  ch.   627. 

AN  ACT  to  amend  chapter  one  hundred  and  five  of  the  laws  of  eighteen  hundred  and 
ninety-one,  entitled  "An  act  to  revise  the  charter  of  the  city  of  Buffalo,"  in 
relation  to  probation  officers  appointed  by  the  police  justice. 

Section  1.  Sections  three  hundred  and  eighty-four-b  and  three  hundred  and  eighty- 
four-c  of  chapter  one  hundred  and  five  of  the  laws  of  eighteen  hundred  and  ninety- 
one,  entitled  "An  act  to  revise  the  charter  of  the  city  of  Buffalo,"  as  added  thereto 
by  chapter  six  hundred  and  twenty-seven  of  the  laws  of  nineteen  hundred  and  one, 
are  hereby  amended  to  read,  respectively,  as  follows : 


236  REPORT  OF  THE  PROBATION  COMMISSION. 

§  384-b.  The  police  justice  shall  have  power  to  appoint  or  designate  not  more 
than  ten  discreet  persons  of  good  character  to  serve  as  probation  officers  during  the 
pleasure  of  the  police  justice ;  said  probation  officers  to  receive  no  compensation  from 
the  public  treasury.  Whenever  any  child  under  or  apparently  under  the  age  of 
sixteen  years  shall  have  been  arrested,  it  shall  be  the  duty  of  said  probation  officers 
to  make  such  investigation  as  may  be  required  by  the  court,  to  be  present  in  court 
in  order  to  represent  the  interests  of  the  child ;  when  the  case  is  heard  to  furnish 
to  the  police  justice  such  informatics  and  assistance  as  he  may  require,  and  to  take 
charge  of  any  child  before  and  after  trial  as  may  be  directed  by  the  court. 

§  384-c.  "Whenever  any  such  child  is  found  guilty  or  pleads  guilty  to  the  com- 
mission of  any  crime  or  misdemeanor  before  the  police  justice,  the  said  police  justice 
may  in  his  discretion  suspend  sentence  during  the  good  behavior  of  the  child  so 
convicted.  The  child  so  convicted  may  be  placed  in  the  care  of  said  probation  officer 
for  such  time  not  to  exceed  three  months  and  upon  such  conditions  as  may  seem 
proper.  Such  time  may  be  extended  one  or  more  additional  terms,  not  exceeding 
three  months,  etch,  by  the  police  justice  in  his  discretion.  Said  probation  officers 
shall  have  the  power  to  bring  the  child  so  convicted  before  the  police  justice  at  any 
time  during  the  probation  for  such  disposition  as  may  be  just.  When  practicable 
said  child  shall  be  placed  with  a  probation  officer  of  the  same  religious  faith  as 
that  of  the  child's  parents. 

§   2.  This  act  shall   take  effect  immediately. 

New  York  City— Children's  Court. 
Chapter  590,  April  14,  1902  :  amdg.  1901  ch.  466,   §   1418,  1505,  and  adding  §   1419. 

AN    ACT   to    amend   the    Greater   New    York   charter,    relative   to    inferior   courts   of 

criminal    jurisdiction. 

Section  1.  Section  one  thousand  four  hundred  and  five  of  the  Greater  New  York 
charter,  as  re-enacted  by  chapter  four  hundred  and  sixty-six  of  the  laws  of  nineteen 
hundred  and  one,  is  hereby  amended  to  read  as  follows : 

§  1405.  The  court  of  special  sessions  of  the  city  of  New  York  is  hereby  continued 
with  all  the  powers,  duties  and  jurisdiction  it  now  has  by  law,  and  the  court  of  the 
first  division,  and  the  justices  thereof  shall  have  such  additional  powers,  duties  and 
jurisdiction,  as  are  contained  in  and  conferred  by  a  section  hereinafter  added  to  said 
charter,  to  be  known  as  section  one  thousand  four  hundred  and  nineteen.  The  justices 
of  the  court  of  special  sessions  of  the  first  and  second  divisions  of  the  city  of  New 
York  are  hereby  continued  in  office  until  the  expiration  of  the  terms  for  which  they 
have  been  appointed,  and  their  successors  shall  be  appointed  by  the  mayor  for  a 
term  of  ten  years.  There  shall  be  six  justices  of  special  sessions  for  the  first 
division  and  five  for  the  second  division.  Within  twenty  days  after  this  act  takes 
effect,  the  mayor  shall  appoint  one  additional  justice  for  the  first  division  for  a 
term  of  ten  years,  whose  powers,  duties,  jurisdiction  and  compensation  shall  be  the 
same  ;  whose  successor  shall  be  selected  in  like  manner  and  who  shall  possess  all  the 
requirements  for  appointment  as  those  hereby  continued  in  office. 

§  2.  Section  one  thousand  three  hundred  and  ninety-nine  of  said  act  is  hereby 
amended  so  as  to  read  as  follows : 

§  1418.  The  justices  of  special  sessions  of  the  first  division  shall,  as  soon  as  a 
special  court  building  can  be  put  in  readiness,  assign  a  separate  part  for  the  hearing 
and  disposition  of  cases  heretofore  within  the  jurisdiction  of  city  magistrates  involv- 
ing the  trial  or  commitment  of  children,  which  part  shall  be  called  the  children's 
court ;  and  in  all  such  cases  the  justice  or  justices  holding  said  court  shall  have  all 
the  powers,  duties  and  jurisdiction  now  possessed  by  the  city  magistrates  within 
said  first  division,  and  such  other  and  further  powers,  duties  and  jurisdiction  as  are 
contained  in  the  following  section.  Said  children's  court  shall  be  held  by  one  or 
more  of  the  justices  of  special  sessions  of  the  first  division,  as  the  circumstances 
require  in  such  manner  as  the  said  justices  shall  by  rule  provide.  Whenever,  under 
any  provision  of  law,  after  said  separate  part  shall  be  assigned,  a  child  under 
sixteen  years  of  age,  unless  jointly  charged  with  one  or  more  persons  above  that 
age,  is  taken  into  custody,  it  shall  be  the  duty  of  the  officer  having  the  child  in 
charge,  and  at  the  earliest  time  when  a  justice  will  be  present,  to  take  such  child 
before  the  children's  court,  and  shall  not  take  said  child,  knowingly,  to  any  city 
magistrate's  court,  or  before  any  city  magistrate,  except  for  the  purpose  of  giving  bail. 


REPORT  OF  THE  PROBATION  COMMISSION.  237 

If  through  inadvertence  any  such  child  shall  be  arraigned  before  a  city  magistrate, 
it  shall  be  the  duty  of  such  magistrate,  as  soon  as  the  age  of  such  child  is  discovered, 
to  transfer  the  case  to  the  children's  court,  and  if  any  papers  have  been  prepared, 
to  indorse  the  transfer  thereon  and  to  send  the  same  with  the  officer  to  said  court; 
and  it  is  hereby  made  the  duty  of  the  officer  to  take  such  child  with  said  papers  to 
the  children's  court  with  all  convenient  speed,  to  be  heard  and  disposed  of,  pursuant 
to  law,  by  the  justice  there  presiding.  The  justices  of  the  court  of  special  sessions 
for  the  first  division  shall  appoint  a  clerk  and  a  deputy  clerk  for  the  children's 
court,  and  such  and  so  many  officers  and  attendants,  including  a  stenographer,  as 
may  be  necessary,  whose  salaries,  except  the  clerk,  shall  be  fixed  by  the  board  of 
aldermen,  on  the  recommendation  of  the  board  of  estimate  and  apportionment..  The 
salary  of  the  clerk  shall  be  three  thousand  dollars  per  year,  payable  in  monthly 
installments,  and  the  clerk,  appointed  by  the  board  of  city  magistrates,  in  office  at 
the  time  this  act  shall  go  into  effect,  shall  continue  in  office  as  clerk  until  removed 
therefrom  by  expiration  of  term,  or  by  due  process  of  law. 

The  said  court  shall  be  held  in  some  building  separate  and  apart  from  one  used 
for  the  trial  of  persons  above  the  age  of  sixteen  charged  with  any  criminal  offense, 
and  if  practicable  in  the  building  which  has  been  appropriated  and  set  aside,  by 
the  sinking  fund  commissioners,  as  a  children's  court.  Nothing  herein  contained 
shall  affect  any  provisions  of  law  with  respect  to  the  temporary  commitment  by 
magistrates  of  children  as  witnesses  for  the  trial  of  any  criminal  case.  For  statisti- 
cal purposes  the  clerk  of  said  children's  court,  annually,  at  such  time  and  in  such 
form  as  the  board  of  city  magistrates  of  the  first  division  may  require,  shall  prepare, 
in  duplicate,  a  report  of  the  arrests,  commitments  and  dispositions,  with  such  other 
data  as  said  board  may  require,  of  all  persons  arraigned  in  or  brought  before  such 
court  during  the  year ;  one  of  which  said  duplicates  shall  be  transmitted  to  the 
board  of  city  magistrates  to  be  included  in  its  annual  report ;  and  the  other  shall 
be  transmitted  to  the  mayor  and  be  printed  in  the  City  Record. 

§  3.  The  said  Greater  New  York  charter  as  re-enacted  by  chapter  four  hundred 
and  sixty-six  of  the  said  laws  of  nineteen  hundred  and  one,  is  hereby  further  amended 
by  adding  thereto  a  new  section  to  be  known  as  section  one  thousand  four  hundred 
and  nineteen,  and  which  shall  read  as  follows  : 

§  1419.  In  addition  to  the  powers,  duties  and  jurisdiction  heretofore  conferred, 
the  court  of  special  sessions  of  the  first  division,  and  the  justices  thereof,  shall  super- 
sede the  city  magistrates  in  the  trial,  determination  and  disposition  of  all  cases 
concerning  children  under  sixteen  years  of  age,  unless  upon  a  criminal  charge  in 
which  two  or  more  persons  are  jointly  charged  and  some  of  them  are  above  that 
age,  and  the  said  court,  and  the  justices  thereof,  shall  have  and  exercise  the 
powers,  duties  and  jurisdiction  as  follows : 

1.  The  said  court  of  special  sessions  of  the  first  division  shall  hear  and  adjudicate 
all  charges  of  a  criminal  nature  against  children  under  sixteen  years  of  age,  of  the 
grade  of,  or,  under  section  six  hundred  and  ninety-nine  of  the  penal  code,  permitted  to 
be  tried  as  misdemeanors,  including  all  charges  coming  within  the  summary  jurisdic- 
tion   of    magistrates,    and    impose    or    suspend    sentence    or    remit    to    probation    pur- 
suant to  law.     But  all  such  hearings  and  trials  shall,  except  as  hereinafter  provided, 
be  had  in  a  courtroom  exclusively  used  for  the  hearing  and  disposition)  of  children's 
•cases. 

2.  Such  court,  as  provided  in  section  one  thousand  four  hundred  and  eighteen,  shall 
be    open    each    day,    except   Sundays    and    legal    holidays,    during    such    hours    as    the 
justices  of  npecial   sessions  of  the  first  division,  by  public  rule   shall  determine,   and 
one  of  said  justices  shall  be  in  attendance  who   shall  possess  and  exercise,   as  to  all 
matters  arising  in   said  court,   all  the  powers  and  jurisdiction  now   conferred  on  city 
magistrates,   and,   unless  an  objection  shall  be  interposed  by  the  prosecution  or  the 
defense  at  or  before  the  time  the  defendant,  or  defendants,   are  called  upon  to  plead 
to   a   charge    graded,    or   permitted   by   law,    as    a   misdmeanor,    all   the    powers    and 
jurisdiction    of   a   court   of   special    sessions. 

3.  If  any  objection  is   interposed,  as  provided  for   in  the  preceding  subdivision,  or 
thereafter  if  permitted  by  the  justice  presiding,   the  case  shall  be  adjourned   to  some 
future  day,  when,   either  in   the  same  building  or  at  the  main   court,   as   the  justice 
of  special  sessions  shall  regulate,  a  trial  may  be  had  before  three  justices. 

4.  Any    order,    determination    or    judgment    of    one    of    said    justices    when    sitting 
alone  pursuant   to   the  foregoing   provisions,   or  any  two  of   said  justices   when   three 


238  REPORT  OP  THE  PROBATION  COMMISSION. 

are   sitting,    shall   be   the   order,    determination   or   judgment  of    said   children's   court 
sitting  as  a  court  of  special  sessions. 

5.  Section  one  thousand  four  hundred  and  twelve,  as  to  th£  adoption  of  rules, 
is  hereby  extended  so  as  to  cover  said  children's  court. 

§  4.  Any  unexpended  balance  of  the  appropriation  made  to  the  board  of  city 
magistrates  for  the  year  nineteen  hundred  and  two  for  the  construction  and  main- 
tenance of  a  children's  court  shall  be  transferred  to  the  justices  of  special  sessions 
for  the  first  division  to  continue  said  court  as  herein  authorized,  and  any  additional 
amount,  including  the  salary  of  the  additional  justice,  shall  be  determined  under 
the  provisions  of  the  charter  and  shall  be  added  to  and  included  in  the  final  estimate 
for  the  year  nineteen  hundred  and  two,  and  shall  be  collected  by  tax  from  the 
estates,  real  and  personal,  subject  to  taxation,  in  the  city  of  New  York. 

§   5.   All    acts    and    parts   of    acts   not   inconsistent   with   the    provisions   of   this   act 
shall  apply  to  and  govern  the  jurisdiction  and  proceedings  in   said  children's  court; 
and  all  acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this  act  are  hereby, 
repealed  so  far  as  they  or  either  of  them  affect  a  court  exclusively  for  children. 

§   6.   This  act  shall  take  effect  immediately. 

Brooklyn— Children's  Court. 

Chapter  159,  April  14,  1903:  amdg.  1901  eh,  466,   §   1405,  1418-19. 
AN   ACT    to   amend    the   Greater   New   York   charter,    relative   to   inferior    courts    of 

criminal  jurisdiction. 

Section  1.  Section  fourteen  hundred  and  five  of  the  Greater  New  York  charter,  as 
re-enacted  by  chapter  five  hundred  and  ninety  of  the  laws  of  nineteen  hundred  and 
two  is  hereby  amended  to  read  as  follows  : 

§  1405.  The  court  of  special  sessions  of  the  city  of  New  York  is  hereby  continued 
with  all  the  powers,  duties  and  jurisdiction  it  now  has  by  law,  and  such  additional 
powers,  duties  and  jurisdiction  as  are  contained  in  and  conferred  by  section  fourteen 
hundred  and  nineteen.  The  justices  of  the  court  of  special  sessions  of  the  first  and 
second  divisions  of  the  city  of  New  York  are  hereby  continued  in  office  until  the 
expiration  of  the  terms  for  which  they  have  been  appointed,  and  their  successors  shall 
be  appointed  by  the  mayor  for  the  term  of  ten  years.  There  shall  be  six  justices  of 
the  special  sessions  for  the  first  division  and  six  for  the  second  division.  Within 
twenty  days  after  this  act  takes  effect  the  mayor  shall  appoint  one  additional  justice 
for  the  second  division  for  a  term  of  ten  years,  whose  powers,  duties,  jurisdiction 
and  compensation  shall  be  the  same ;  whose  successor  shall  be  selected  in  like  man- 
ner and  who  shall  possess  all  the  requirements  for  appointment  as  those  hereby 
continued  in  office. 

§  2.  Section  fourteen  hundred  and  eighteen  of  said  act  is  hereby  amended  so  as 
to  read  as  follows  : 

§  1418.  The  justices  of  the  special  sessions  of  the  first  division  shall  assign  a 
separate  part  for  the  hearing  and  disposition  of  cases  heretofore  within  the  jurisdic- 
tion of  city  magistrates  involving  the  trial  or  commitment  of  children,  which  part 
shall  be  called  the  children's  court ;  and  in  all  such  cases  the  justice  or  justices 
holding  said  court  shall  have  all  the  powers,  duties  and  jurisdiction  now  possessed 
by  the  city  magistrates  within  said  first  division,  and  such  other  and  further  powers, 
duties  and  jurisdiction  as  are  contained  in  the  following  sections :  - 

The  justices  of  the  special  sessions  of  the  second  division  shall  as  soon  as  8 
special  court  building  can  be  put  in  readiness  assign  a  separate  part  for  the  hearing 
and  disposition  of  cases  heretofore  within  the  jurisdiction  of  city  magistrates,  involv- 
ing the  trial  or  commitment  of  children,  which  part  shall  be  called  the  children's 
court,  second  division ;  borough  of  Brooklyn,  and  in  all  such  cases  the  justice  or 
justices  holding  said  court  ehall  have  all  the  powers,  duties  and  jurisdiction  now 
possessed  by  the  city  magistrates  within  said  second  division,  except  in  ihe  boroughs 
of  Queens  and  Richmond,  and  such  other  and  further  powers,  duties  and  jurisdiction 
as  are  contained  in  the  following  sections : 

Each  of  said  children's  courts  shall  be  held  by  one  or  more  of  the  justices  of 
special  sessions  in  their  respective  divisions,  as  the  circumstances  require,  in  such 
manner  as  the  said  justices  shall  by  rule  provide. 

Whenever,  under  any  provision  of  law,  after  said  separate  parts  shall  be  assigned, 
a  child  under  sixteen  years  of  age,  unless  jointly  charged  with  one  or  more  persons 


REPORT  OF  THE  PROBATION  COMMISSION.  239 

above  that  age,  is  taken  into  custody  it  shall  be  the  duty  of  the  officer  having  the 
child  in  charge,  and  at  the  earliest  time  when  a  justice  will  be  present,  to  take  such 
child  before  the  children's  court,  and  shall  not  take  such  -child,  knowingly,  to  any 
city  magistrate's  court,  er  before  any  city  magistrate,  except  for  the  purpose  of 
giving  bail.  If  through  inadvertence  any  such  child  shall  be  arraigned  before  a  city 
magistrate,  it  shall  be  the  duty  of  such  magistrate,  as  soon  as  the  age  of  such  child 
is  discovered,  to  transfer  the  case  to  the  children's  court,  in  the  division  in  which 
such  case  belongs,  and  if  any  papers  have  been  prepared,  to  indorse  the  transfer 
thereon  and  to  send  the  same  with  the  officer  to  said  court ;  and  it  is  hereby  made  the 
duty  of  the  officer  to  take  such  child  with  said  papers  to  the  children's  court  with  all 
convenient  speed,  to  be  heard  and  disposed  of,  pursuant  to  law  by  the  justice  there 
presiding.  The  justice  of  the  court  of  special  sessions  for  the  first  division  shall 
appoint  a.  clerk  and  a  deputy  clerk  for  the  children's  court,  first  division,  aad  such 
and  so  many  officers  and  attendants,  including  a  stenographer,  as  may  be  necessary, 
whose  salaries,  except  the  clerk,  shall  be  fixed  by  the  board  of  aldermen,  on  the 
recommendation  of  the  board  of  estimate  and  apportionment.  The  salary  of  the  clerk 
of  the.  children's  court,  first  division,  shall  be  three  thousand  dollars  per  year, 
payable  in  monthly  installments,  and  the  clerk,  appointed  by  the  board  of  city  magis- 
trates in  office  at  the  time  this  act  shall  go  into  effect,  shall  continue  in  office  as 
clerk  until  removed  therefrom  by  expiration  of  term  or  by  due  process  of  law. 

The  justices  of  the  court  of  special  sessions  for  the  second  division  shall  appoint 
a  clerk  and  a  deputy  clerk  for  the  children's  court,  second  division,  borough  of 
Brooklyn,  and  such  and  so  many  officers  and  attendants,  including  a  stenographer, 
as  may  be  necessary,  whose  salaries,  except  the  clerk,  shall  be  fixed  by  the  board  of 
aldermen  on  the  recommendation  of  the  board  of  estimate  and  apportionment.  The 
salary  of  the  clerk  shall  be  two  thousand  five  hundred  dollars  per  year,  payable  in 
monthly  installments,  and  he  shall  continue  in  office  as  clerk  until  removed  therefrom 
by  expiration  of  term  or  by  due  process  of  law.  The  term  of  "office  of  the  clerk  of 
the  children's  court,  second  division,  shall  be  for  five  years.  The  justice  shall  have 
authority  to  appoint  or  designate  not  more  than  three  discreet  persons  of  good 
character  to  serve  as  probation  officers  during  the  pleasure  of  the  court.  It  shall 
be  the  duty  of  said  probation  officers  to  make  such  investigation  as  may  be  required 
by  the  court,  to  be  present  in  court  in  order  to  represent  the  interests  of  the  child; 
when  the  case  is  heard,  to  furnish  to  the  court  such  information  and  assistance 
as  he  may  require,  and  to  take  charge  of  any  child  before  and  after  trial  as  may  be 
directed  by  the  court. 

The  said  courts  shall  be  held  in  some  building  separate  and  apart  from  one  used 
for  the  trial  of  persons  above  the  age  of  sixteen  charged  with  any  criminal  offense. 

Nothing  herein  contained  shall  affect  any  provisions  of  law  with  respect  to  the 
temporary  commitment  by  magistrates  of  children  as  witnesses  for  the  trial  of  any 
criminal  case.  For  statistical  purposes  the  clerk  of  each  of  said  children's  courts, 
annually,  at  such  time  and  in  such  form  as  the  board  of  city  magistrates  of  the 
first  division  may  require,  as  to  the  children's  court  in  the  first  division,  and  in  such 
form  as  the  justices  of  the  court  of  special  sessions  in  the  second  division  may 
require  as  to  such  children's  court  in  Brooklyn,  shall  prepare  in  duplicate  a  report 
of  the  arrests,  commitments  and  dispositions,  with  such  other  data  as  said  board  may 
require,  of  all  persons  arraigned  in  or  brought  before  such  court  during  the  year ; 
one  of  which  said  duplicates  shall  be  transmitted  to  the  board  of  city  magistrates  in 
their  respective  divisions  to  be  included  in  its  annual  report ;  and  the  other  shall  be 
transmitted  to  the  mayor  and  be  printed  in  the  City  Record. 

§  3.  Section  fourteen  hundred  and  nineteen  of  said  act  is  hereby  amended  so  as 
to  read  as  follows  : 

§  1419.  In  addition  to  the  powers,  duties  and  jurisdiction  heretofore  conferred,  the 
court  of  special  sessions  of  the  first  division  and  the  justices  thereof,  and  the  court 
of  special  sessions  of  the  second  division,  except  in  the  boroughs  of  Queens  and  Rich- 
mond, and  the  justices  thereof,  shall  supersede  the  city  magistrates  in  said  first  and 
second  divisions,  except  in  the  boroughs  of  Queens  and  Richmond,  in  the  trial, 
determination  and  disposition  of  all  cases  concerning  children  under  sixteen  years 
of  age,  unless  upon  a  criminal  charge  in  which  two  or  more  persons  are  jointly 
charged  and  some  of  them  are  above  that  age';  and  the  said  courts  and  the  justices 
thereof  shall  have  and  exercise  the  powers,  duties  and  jurisdiction  as  follows : 

1.  The  said  court  of  special  sessions  of  the  first  division,  and  the  said  court  of 
special  sessions  of  the  second  division,  except  in  the  boroughs  of  Queens  and  Ricb- 


-40  REPORT  OF  THE  PROBATION  COMMISSION. 

mond,  shall  hear  and  adjudicate  all  charges  of  a  criminal  nature  against  children 
under  sixteen  years  of  age,  of  the  grade  of,  or,  under  section  six  hundred  and  ninety- 
nine  of  the  penal  code,  permitted  to  be  tried  as  misdemeanors,  including  all  charges 
coming  within  the  summary  jurisdiction  of  magistrates,  and  impose  or  suspend 
sentence  or  remit  to  probation  pursuant  to  law.  But  all  such  hearings  and  trials 
shall,  except  as  hereinafter  provided,  be  had  in  a  court  room  exclusively  used  for  the 
hearing  and  disposition  of  children's  cases. 

2.  Such  court  as  provided  in  section  fourteen  hundred  and  eighteen,  shall  be  open 
each  day,   except   Sundays   and   legal   holidays,   during   such   hours   as   the  justices   of 
special    sessions    in    their    respective    divisions,    by    public    rule    shall    determine,    and 
one  of  said  justices  shall  be  in   attendance  who  shall  possess  and   exercise,   as  to   all 
matters  arising  in  said  court,   all  the  powers  and  jurisdiction  now  conferred  on  city 
magistrates,   and,   unless   an   objection   shall   be   interposed  by  the   prosecution    or  the 
defense  at  or  before  the  time  the  defendant,  or  defendants,   are  called  upon  to  plead 
to  a  charge  graded,  or  permitted  by  law,  as  a  misdemeanor,  all  the  powers  and  juris- 
diction of   a  court  of   special   sessions.          | 

3.  If   an  objection    be   interposed   as   provided   for   in   the  preceding   subdivision,   or 
thereafter  if  permitted  by  the  justice   presiding,  the  case  shall  be  adjourned  to  some 
future  day,  when   either   in  the   same  building  or  at  the   main  court  as   a   justice  of 

,  special  sessions  shall  regulate,  a  trial  may  be  had  before  three  justices. 

4.  Any  order,  determination  or  judgment  of  one  of  said  justices  when  sitting  alone, 
pursuant   to    the    foregoing   provisions,    or   any    two    of    said   justices   when    three   are 
sitting,  shall  be  the  order,  determination  or  judgment  of  said  children's  court  sitting 
as  a  court  of  special  sessions. 

5.  Sectien  fourteen  hundred  and  twelve,  as  to  the  adoption   of  rules,  is  hereby  ex- 
tended  so   as  to  cover  said  children's   courts. 

§  4.  The  board  of  estimate  and  apportionment  of  the  city  of  New  York  shall 
make  provision  for  the  establishment  and  maintenance  of  a  children's  court  in  the 
borough  of  Brooklyn,  including  the  salary  of  the  additional  justice  as  herein  author- 
ized, and  any  additional  amount,  including  the  salary  of  the  additional  justice,  shall 
be  determined  under  the  provisions  of  the  charter  and  shall  be  added  to  and  included 
in  the  final  estimate  for  the  year  nineteen  hundred  and  three,  and  shall  be  collected 
by  tax  from  the  estates,  real  and  personal,  subject  to  taxation  in  the  city  of  New 
York. 

§  5.  All  acts  and  parts  of  acts,  not  inconsistent  with  the  provisions  of  this  act, 
shall  apply  to  and  govern  the  jurisdiction  and  proceedings  in  said  children's  courts; 
and  all  acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this  act  are  hereby 
repealed,  so  far  as  they  or  either  of  them  affect  a  court  exclusively  for  children. 

§    6.   This  act  shall  take  effect  immediately. 

Probation  Officers. 
Chapter  274,  April  24,  1903  :  amdg.  Criminal  Code  of  Procedure,   §   483. 

AN   ACT    to   amend   the  code   of   criminal   procedure,    relating   to    the   appointment   of 
probationary   officers,   and   defining  their  duties. 

Section  1.  Section  four  hundred  and  eighty-three  of  the  code  of  criminal  procedure 
is  hereby  amended  to  read  as  follows  : 

§  483.  After  a  plea  or  verdict  of  guilty,  in  a  case  where  a  discretion  is  con- 
ferred upon  the  court  as  to  the  extent  of  the  punishment,  the  court,  upon  the  sug- 
gestion of  either  party,  that  there  are  "circumstances,  which  may  be  properly  taken 
into  view,  either  in  aggravation  or  mitigation  of  the  punishment,  may,  in  its  dis- 
cretion, hear  the  same  summarily  at  a  specified  time,  and  upon  such  notice  to  the 
adverse  party  as  it  may  direct.  At  such  specified  times,  if  it  shall  appear  by 
the  record  and  the  circumstances  of  any  person  over  the  age  of  sixteen  years  con- 
victed of  crime,  that  there  are  circumstances  in  mitigation  of  the  punishment,  the 
court  shall  have  power,  in  its  discretion,  to  place  the  defendant  on  probation  in  the 
manner  following : 

1.  If  the  sentence  be  suspended,  the  court  upon  suspending  sentence,  may  direct 
that  such  suspension  continue  for  such  period  of  time,  and  upon  such  terms  and  con- 
ditions as  it  shall  determine,  and  shall  place  such  person  on  probation  under  the 
charge  and  supervision  of  the  probation  officer  of  said  court  during  such  suspension. 


REPORT  OF  THE  PROBATION  COMMISSION.  241 

2.  If   the   judgment   is   to   pay   a   fine   and   that   the   defendant   be    imprisoned   until 
it  be  paid,   the  court  upon   imposing  sentence,   may  direct  that  the  execution   of   the 
sentence   of   imprisonment  be   suspended  for  such  period  of  time,   and  on   such  terms 
and   conditions   as   it   shall    determine,    and    shall   place   such    defendant   on   probation 
under    the    charge   and   supervision    cf    the    probation    officer   during   such   suspension, 
provided,  however,  that  upon  payment  of  the  fine  being  made,  the  judgment  shall  be 
satisfied  and  the  probation  cease. 

3.  If  the  judgment  be  in  a  case  specified  in  title  seven,   part  six,  to  pay  a  fixed 
sum  per  week  for  the  support  of  wife,   or  wife  and  children,  the  magistrate  at  the 
time  of  making  the  order,  or  thereafter  during  the  confinement  of  the  defendant,  may, 
if   the   defendant  be  unable  to  pay  the   fixed   sum  or   to  find  surety,   suspend  the   re- 
quirement  to   find   surety   and  place   the   defendant  on   probation   under  the   care   and 
supervision    of    a    probation    officer,    upon    such    terms    and    conditions    as    may    be 
prescribed,  for  the  unexpired  portion  of  the  period  for  which  said  order  was  made. 

4.  At  any  time  during  the  probationary  term  of  a  person  convicted  and  released  on 
probation   in  accordance  with  the  provisions   of  this  section,  the  court  before  which, 
or    the   justice    before    whom,    the    person    so    convicted    was    convicted,    or    his    suc- 
cessor, may,  in  its  or  his  discretion,  revoke  and  terminate  such  probation.     Upon  such 
revocation  and  termination,  the  court  may,  if  the  sentence  has  been  suspended,  pro- 
nounce  judgment    at    any    time    thereafter    within    the    longest    period    for   which    the 
defendant  might  have  been  sentenced,   or,    if   judgment  has  been   pronounced  and   the 
execution  thereof  has  been  suspended,   the  court  may  revoke  such  suspension,   where- 
upon the  judgment  shall  be  in  full  force  and   effect  for  its  unexpired  term. 

§    2.   This  act  shall  take  effect  immediately. 

Probation  Officers. 

Chapter   613,   May   15,    1905  :    amdg.   Criminal   Code  of   Procedure,    §    11-a,   483,    487. 

AN  ACT  to  amend  the  code  of  criminal  procedure,  in  relation  to-  the  appointment 
and  duties  of  probation  officers,  and  the  powers  and  duties  of  courts  and  jus- 
tices with  relation  to  persons  placed  on  probation. 

Section  1.  Section  eleven-a  of  the  code  of  criminal  procedure,  is  hereby  amended 
to  read  as  follows  : 

§  11-a.  The  justices  of  the  .courts  having  original  jurisdiction  of  criminal  actions 
in  the  State,  shall  from  time  to  time  appoint  a  person  or  persons  to  perform  the 
duties  of  probation  officer  or  officers  as  hereinafter  described,  within  the  jurisdiction 
and  under  the  direction  of  said  court  or  justice,  to  hold  such  office  during  the 
pleasure  of  the  court  or  justice  making  such  appointment.  Such  probation  officer 
or  officers  may  be  chosen  from  among  the  officers  of  a  society  for  the  prevention 
of  cruelty  to  children  or  of  any  charitable  or  benevolent  institution,  society  or  as- 
sociation now  or  hereafter  duly  incorporated  under  the  laws  of  this  state,  or  any 
reputable  private  citizens,  male  or  female.  Any  officer  or  member  of  the  police 
force  of  any  city  or  incorporated  village  who  may  be  detailed  to  do  duty  in  such 
courts,  or  any  constable  or  peace  officer,  may  be  employed  as  probation  officer  upon 
the  order  of  any  court  or  justice  as  herein  provided.  No  probation  officer  appointed 
under  the  provisions  of  this  section  shall  receive  compensation  for  his  services  as  such 
probation  officer,  but  this  shall  not  be  construed  to  deprive  any  officer  or  member 
of  the  police  force,  or  any  constable  or  peace  officer,  appointed  probation  officer  as  here- 
in provided,  from  receiving  the  salary  or  compensation  attached  to  his  said  official 
employment. 

2.  Every  probation  officer  or  officers  so  appointed  shall  when  so  directed  by  the 
court,  inquire  into  the  antecedents,  character,  and  offense  of  any  person  or  persons 
arrested  for  a  crime  within  the  jurisdiction  of  the  court  appointing  him,  and  shall 
report  the  same  to  the  court.  It  shall  be  his  duty  to  make  such  reports  of  all  cases 
investigated  by  him,  of  all  cases  placed  in  his  care  by  the  court,  and  of  any  other 
duties  performed  by  him  in  the  discharge  of  his  office,  as  shall  be  prescribed  by  the 
court  or  justice  making  the  appointment,  or  his  successor,  or  by  the  court  or  justice 
assigning  the  case  to  him,  or  his  successor,  which  report  shall  be  filed,  with  the 
clerk  of  the  court,  or  where  there  is  no  clerk,  with  the  justice  thereof.  He  shall 
furnish  to  each  person  released  on  probation,  committed  to  his  care,  a  written 

16 


242  REPORT  OF  THE  PROBATION  COMMISSION. 

statement  of  the  terms  and  conditions  of  his  probation,  and  shall  report  to  the  court 
or  justice  appointing  him,  at  least  monthly,  any  violation  or  breach  of  the  terms  and 
conditions  imposed  by  the  court,  of  the  persons  placed  in  his  care.  Such  probation 
officer  shall  have,  as  to  the  persons  so  committed  to  their  care,  the  powers  of  a 
peace  officer,  and  shall  require  such  persons  to  report  to  them  as  may  be  directed 
by  the  court. 

§  2.  Sections  four  hundred  and  eighty-three  and  four  hundred  and  eighty-seven 
of  the  code  of  criminal  procedure  are  hereby  amended  to  read  as  follows  : 

§  483.  After  a  plea  of  verdict  of  guilty,  in  a  case  where  a  discretion  is  con- 
ferred upon  the  court  as  to  the  extent  of  the  punishment,  the  court  upon  the  sug- 
gestion of  either  party  that  there  are  circumstances,  which  may  be  properly  taken 
into  view,  either  in  aggravation  or  mitigation  of  the  punishment,  may,  in  its  discre- 
tion, hear  the  same  summarily  at  a  specified  time,  and  upon  such  notice  to  the  adverse 
party  as  it  may  direct.  At  such  specifies  times,  if  it  shall  appear  by  the  record  and 
the  circumstances  of  any  person  convicted  of  crime,  that  there  are  circumstances 
in  mitigation  of  the  punishment,  the  court  shall  have  power,  in  its  discretion,  to 
place  the  defendant  on  probation  in  the  manner  following  : 

1.  If   the   sentence   be    suspended,   the    court   upon    suspending   sentence,    may   direct 
that  such   suspension   continue   for   such   period   of   time,   not  to   exceed*  three   months, 
and    upon    such    terms    and    conditions    as    it    shall    determine,    and    shall    place    such 
person  on   probation   under  the  charge  and  supervision   of  the  probation   officer   to  be 
appointed  by  said  court  during  such  suspension.      Such  time   may  be  extended  one  or 
more    additional    times,    not   to    exceed    three    months    each,    nor    in    all    one    year,    by 
the   court   in    its   discretion.      When    practicable,    any   child    under   the   age   of   sixteen 
years,    plaqed    on    probation,    shall    be    placed    with    a    probation    officer   of    the    same 
religious    faith   a-s    that   of   the    child's   parents.     The    parent,    guardian    or    master   of 
such    child,    if    the    child    has    any,    shall    be    summoned    by    the    magistrate    to    attend 
any  examination   or  trial  of  such  child   and  to  be  present  in   court  when  the  child  is 
placed  on  probation  and  informed  by  the  court  of  the  action  taken  in  such  case. 

2.  If   the   judgment   is   to    pay   a   fine   and   that   the   defendant   be    imprisoned    until 
it  is  paid,  the  court  upon  imposing  sentence,  may  direct  that  the  execution  of  the  sen- 
tence of  imprisonment  be  suspended  for   such  period  of  time,  and  on  such  terms  and 
conditions  as   it  shall  determine,   and   shall   place  such  defendant   on   probation   under 
the    charge    and    supervision    of    a    probation    officer    during    such    suspension,     pro- 
vided,   however,    that   upon    payment   of   the    fine    being   made     the  judgment   shall   be 
satisfied   and  the  probation  cease. 

3.  At  any   time   during   the  probationary   term   of   a   person    convicted   and   released 
on  probation  in  accordance  with  the  provisions  of  this  section,  the  court  before  which, 
or  the  justice  before  whom,    the  person   so   convicted  was   convicted,  or  his   successor, 
may  in  its  or  his  discretion,  revoke  and  terminate  such  probation.     Upon  such  revoca- 
tion  and  termination,   the  court  may,   if   the   sentence   has  been    suspended,   pronounce 
judgment  at  any  time   thereafter   within   the   longest   period   for   which  the   defendant 
might  have  been   sentenced,   or,   if   judgment  has   been   pronounced   and   the  execution 
thereof   has    been   suspended    the   court  may    revoke    such    suspension,    whereupon    the 
judgment  shall  be  in  full  force  and  effect  for  its  unexpired  term. 

§  487.  If  the  judgment  be  imprisonment,  or  a  fine  and  imprisonment  until  it  is 
paid,  the  defendant  must  forthwith  be  committed  to  the  custody  of  the  proper  officer, 
and  by  him  detained,  until  the  judgment  be  complied  with.  Where,  however,  the 
court  has  suspended  sentence  or  where  after  imposing  sentence,  the  court  has  sus- 
pended the  execution  thereof  and  placed  the  defendant  on  probation,  as  provided  in 
section  four  hundred  and  eighty-three  of  the  code  of  criminal  procedure,  the 
defendant  must  forthwith  be  placed  under  the  care  and  supervision  of  the  probation 
officer  of  the  court  committing  him  until  the  expiration  of  the  period  of  probation 
and  the  compliance  with  the  terms  and  conditions  of  the  sentence  or  of  the 
suspension  thereof.  Where,  however,  the  probation  has  been  terminated,  as  provided 
in  paragraph  four  of  section  four  hundred  and  eighty-three  of  the  code  of  criminal 
procedure,  and  the  suspension  of  the  sentence  or  of  the  execution  revoked,  and  the 
judgment  pronounced,  the  defendant  must  forthwith  be  committed  to  the  custody 
of  the  proper  officer  and  by  him  detained  until  the  judgment  be  complied  with. 

§   3.   This  act  shall  take  effect  September  first,  nineteen  hundred  and  three. 


REPORT  OF  THE  PROBATION  COMMISSION.  243 

Salaries  of  Women  Probation  Officers  in  New  York  City. 

Chapter  508,  April   29,  1904  :   amdg.   Criminal  Code,   §  11-a. 

AN  ACT  to  amend  the  code  of  civil  procedure,  relative  to  the  salaries  of  women  ap- 
pointed as  probation  officers. 

Section  1.  Subdivision  one  of  section  cleven-a  of  the  code  of  criminal  procedure, 
as  inserted  therein  by  chapter  three  hundred  and  seventy-two  of  the  laws  of  nine- 
teen hundred  and  one,  and  amended  by  chapter  six  hundred  and  thirteen  of  the  laws 
of  nineteen  nundred  and  three,  is  hereby  amended  to  read  as  follows  : 

§  11-a.  1.  Thie  justices  of  the  courts  having  original  jurisdiction  of  criminal 
action ;  in  the  state,  shall  from  time  to  time  appoint  a  person  or  persons  to  perform 
the  duties  of  probation  officer  or  officers  as  hereinafter  described,  within  the  juris- 
diction a,nd  under  the  direction  of  said  court  or  justice,  to  hold  such  office  during  the 
pleasure  of  the  court  or  justice  making  such  appointment.  Such  probation  officer  or 
officers  may  be  chosen  from  among  the  officers  of  a  society  for  the  prevention  of 
cruelty  to  children  or  of  any  charitable  or  benevolent  institution,  society  or  associa- 
tion now  or  hereafter  duly  incorporated  under  the  laws  of  this  state,  or  any  reputable 
private  .citizens,  male  or  female.  Any  officer  or  member  of  the  police  force  of  any 
city  or  incorporated  village  who  may  be  detailed  to  do  duty  in  such  courts,  or  any 
constable  or  peace  officer,  may  be  employed  as  probation  officer  upon  the  order  of 
any  court  or  justice  as  herein  provided.  No  probation  officer  appointed  under  the 
provisions  of  this  section  shall  receive  compensation  for  his  services  as  such  probation 
officer,  except  as  hereinafter  prescribed,  but  this  shall  not  be  construed  to  deprive 
any  officer  or  mern"ber  of  the  police  force,  or  any  constable  or  peace  officer,  appointed 
probation  officer  as  herein  provided,  from  receiving  the  salary  or  compensation 
attached  to  said  official  employment.  The  board  of  estimate  and  apportionment  in 
the  city  of  New  York,  may,  in  their  discretion  determine  whether  women  appointed 
to  act  as  probation  officers,  not  detailed  from  other  branches  of  the  public  service, 
shall  receive  a  "alary,  and  if  they  shall  so  determine,  they  may  fix  the  amount 
thereof  and  provide  for  its  payment. 

§   2.  This   act  shall   take   effect   September   first,   nineteen   hundred  and   four. 

Rochester — Children's  Court 
Chapter  543,  May   12,  1905  :   amdg.   1880  ch.   14,  §  265. 

AN  ACT  to  amend  chapter  fourteen  of  the  laws  of  eighteen  hundred  and  eighty, 
entitled  "An  act  to  further  amend  chapter  one  hundred  and  forty-three  of  the 
laws  of  eighteen  hundred  and  sixty-one,  entitled  'An  act  to  amend  and  consoli- 
date the  several  acts  in  relation  to  the  charter  of  the  city  of  Rochester,'  and  to 
consolidate  therewith  the  several  acts  in  relation  to  the  .charter  of  said  city." 

Section  1.  Section  two  hundred  and  sixty-five  of  chapter  fourteen  of  tfre  laws  of 
eighteen  hundred  and  eighty,  as  amended  by  chapter  five  hundred  and  sixty-one  of 
the  laws  of  eighteen  hundred  and  ninety,  is  hereby  amended  so  as  to  read  as  follows  : 

§  265.  All  cases  involving  the  commitment  or  trial  of  children  actually  or  appar- 
ently under  the  age  of  sixteen  years  for  any  violation  of  law  or  ordinance,  before 
the  police  justice  or  police  court  of  the  city  of  Rochester,  shall  be  heard  and  deter- 
mined in  a  separate  court  room,  to  be  known  as  the  children's  court  room,  and 
separate  and  apart  from  the  trial  of  other  criminal  cases,  of  which  session  a  separate 
docket  and  record  shall  be  kept.  Whenever  a  child  actually  or  apparently  under  the 
age  of  sixteen  years  is  taken  into  custody  in  the  city  of  Rochester,  such  child  shall 
be  arraigned  in  the  children's  .court  room  and  shall  not  be  taken  knowingly  to  that 
part  of  the  police  court  where  other  criminal  trials  are  had  ;  and  if  through  an  inad- 
vertence any  such  child  shall  be  brought  before  that  part  of  the  police  court,  as 
soon  as  the  age  of  such  child  is  discovered  the  hearing  of  the  case  shall  be  trans- 
ferred to,  and  the  case  shall  be  heard  and  determined  in.  the  children's  court  room. 
The  police  justice  and  the  police  court  of  the  city  of  Rochester  shall  have  power  to 
impose  or  suspend  sentence  or  to  remit  to  probation  pursuant  to  law.  The  commis- 
sioner of  public  safety  of  the  city  of  Rochester  may  appoint  such  number  of  proba- 
tion officers,  to  hold  office  during  his  pleasure,  at  a  salary  fixed  by  the  board  of 
estimate  and  apportionment,  as  may  be  prescribed  by  the  said  board  of  estimate  and 


244  KEPORT  OF  THE  PROBATION  COMMISSION. 

apportionment,  which  number  may  be  increased  or  diminished  at  any  time  by  said 
board  of  estimate  and  apportionment,  and  may  include  one  or  more  female  proba- 
tion officers  if  so  determined  by  said  board  of  estimate  and  apportionment.  The  said 
police  justice  may  appoint  from  time  to  time,  to  serve  at  his  pleasure  and  without 
compensation,  such  additional  number  of  probation  officers  as  he  may  deem  desirable. 
Whenever  the  board  of  estimate  and  apportionment  of  the  city  of  Rochester  shall 
so  determine,  there  shall  be  a  judge  of  the  children's  court  of  said  city,  to  be 
appointed  by  the  mayor,  and  to  serve  during  the  term,  and  to  receive  the  salary 
fixed  by  said  board  of  estimate  and  apportionment.  The  judge  of  the  children's 
court  shall  have  all  the  powers  and  jurisdiction  now  or  hereafter  conferred  upon 
the  police  justice  of  the  city  of  Rochester,  and  the  court  held  by  him  shall  be  a  part 
of  the  police  .court  of  said  city,  with  all  the  powers  and  jurisdiction  now  or  here- 
after conferred  upon  said  court.  It  shall  be  the  duty  of  the  judge  of  the  children's 
court  to  preside  over  and  to  hold  the  children's  part  of  the  police  court  of  the  city 
of  Rochester,'  and  to  be  present  at  the  children's  court  room  at  such  times  and  for 
such  hours  as  the  public  interests  may  require,  and  he  shall  perform  such  other 
duties  now  or  hereafter  imposed  upon  the  police  justice  of  said  city  as  may  be 
directed  by  the  common  council. 

§   2.   This   act   shall  take  effect  immediately. 

Suspension  of  Sentence — Adult  Delinquency. 

Chapter  655,  May  29,  1905  :  amdg.  Penal  Code,   §   12,  291. 

AN  ACT  to  amend  the  penal  code,  relative  to  juvenile  offenders  and  the  suspension  of 

sentence. 

Section  1.  Section  twelve  of  the  penal  code,  is  hereby  amended  to  read  as  follows  : 

§  12.  Of  sections  declaring  crimes  punishable. — The  several  sections  of  this  code 
which  declare  certain  crimes  to  be  punishable  as  therein  mentioned  devolve  a  duty 
upon  the  court  authorized  to  pass  sentence  to  determine  and  impose  the  punishment 
prescribed,  but  such  court  may  in  its  discretion  suspend  sentence,  during  the  good 
behavior  of  the  person  convicted,  where  the  maximum  term  of  imprisonment  pre- 
scribed by  law  does  not  exceed  ten  years  and  such  person  has  never  been  convicted 
<of  a  felony.  Courts  of  special  sessions  are  empowered  to  suspend  sentence  and  at  any 
time  within  the  longest  period  for  which  a  defendant  might  have  been  sentenced, 
may  issue  process  for  the  re-arrest  of  the  defendant,  and  when  arraigned  the  court 
^as  it  is  then  constituted  may  proceed  to  enter  judgment  and  impose  sentence.  In  the 
icase  of  children  under  sixteen  years  of  age,  at  the  time  of  conviction,  the  longest 
period  of  time  after  suspension  of  sentence  within  which  a  sentence  may  be  imposed 
for  such  offense  shall  be  one  year ;  and  in  any  proceeding  of  a  criminal  nature, 
triable  before  a  magistrate,  the  magistrate  upon  conviction,  may  suspend  sentence 
and  place  the  offender  under  probation  and  at  any  time  thereafter,  during  the  longest 
period  for  which  he  could  have  been  committed  in  the  first  instance,  such  magistrate, 
or  his  successor,  if  his  term  has  expired,  may  pronounce  any  judgment  or  sentence 
or  impose  any  fine  or  other  penalty,  or  make  any  commitment  which  might  have  been 
pronounced,  imposed  or  made  at  the  time  the  conviction  was  had. 

§  2.  Section  two  hundred  and  eighty-nine  of  the  penal  code,  is  hereby  amended 
"by  adding  thereto  a  new  subdivision  to  be  numbered  three. 

3.  Any  parent  or  guardian  or  other  person  having  custody  of  a  child  under  sixteen 
years  of  age,  except  in  the  city  of  New  York  who  omits  to  exercise  due  diligence  in 
the  control  of  such  child,  to  prevent  such  child  from  violating  any  of  the  provisions 
of  this  chapter  and  any  such  person  or  any  other  person  responsible  for  or  who  by 
any  act  or  omission  causes,  encourages  or  contributes  to  the  violation  by  any  such 
child  of  said  provisions  shall  be  guilty  of  a  misdemeanor  and  punishable  accordingly. 

§  3.  Section  two  hundred  and  ninety-one  of  the  penal  code  is  hereby  amended 
t>y  adding  thereto  a  new  subdivision  to  be  numbered  nine,  as  follows  : 

9.  Whenever  any  child  is  brought  before  any  court  or  magistrate,  to  be  dealt  with 
under  any  of  the  subdivisions  of  this  section,  instead  of  committing  such  child  to 
confinement  in  any  institution,  the  court  or  magistrate  may  place  such  child  under 
the  custody  of  a  probation  or  parole  officer,  and  at  any  time  within  one  year  there- 
after such  court  or  magistrate,  may  issue  a  warrant  for  such  child,  and  after  giving 
such  child  an  opportunity  to  be  heard,  may  make  the  commitment  which  could  have 
been  made  in  the  first  instance  as  aforesaid.  The  foregoing  provision  shall  not  apply 


EEPORT  OF  THE  PROBATION  COMMISSION.  245 

to  a  children's  court  created  by  special  enactment  in  cities  of  the  first  class  but 
this  exception  shall  not  be  construed  as  taking  away  or  limiting  any  jurisdiction  now 
possessed  by  such  children's  courts. 

§  4.  Section  six  hundred  and  ninety-nine  of  the  penal  code,  is  hereby  amended  to 
read  as  follows  : 

§  699.  Imprisonment  of  minors. — Where  a  male  person  between  the  ages  of  six- 
teen and  twenty-one  years  is  convicted  of  a  felony,  or  where  the  term  of  imprison- 
ment of  a  male  convict  for  a  felony  is  fixed  by  the  trial  court  at  one  year  or  less, 
the  court  may  direct  the  convict  to  be  imprisoned  in  a  county  penitentiary,  instead 
of  a  state  prison,  or  in  the  county  jail  located  in  the  county  where  the  sentence  is 
imposed.  The  commission  by  a  child  under  the  age  of  sixteen  years,  of  a  crime,  not 
capital  or  punishable  by  life  imprisonment,  which  if  committed  by  an  adult  would  be 
a  felony,  renders  such  child  guilty  of  a  misdemeanor  only,  but  any  other  person 
concerned  therein,  whether  as  principal  or  accessory,  shall  be  punishable  in  the  same 
manner  as  if  such  child  were  not  also  concerned  therein. 

§   5.     This   act  shall  take  effect   September  first,   nineteen  hundred   and  five. 

Suspension  of  Sentence — Probation  Officers. 

Chapter  656,  May   29,   1905  :   amdg.   Criminal  Code,    §    HA,  483. 

AN  ACT  to  amend  the  code  of  criminal  procedure,  relative  to  the  suspension  of  sen- 
tence and  probation  officers. 

Section  1.  Subdivision  one  of  section  eleven-a,  of  the  code  of  criminal  procedure, 
is  hereby  amended  to  read  as  follows : 

§  11-a.  1.  The  justices  of  the  courts  having  original  jurisdiction  of  criminal 
actions  in  the  state,  shall  from  time  to  time  appoint  a  person  or  persons  to  perform 
the  duties  of  probation  officer  or  officers  as  hereinafter  described/  within  the  juris- 
diction and  under  the  direction  of  said  court  or  justice,  to  hold  such  office  during  the 
pleasure  of  the  court  or  justice  making  such  appointment.  Such  probation  officer 
or  officers  may  be  chosen  from  among  the  officers  of  a  society  for  the  prevention  of 
cruelty  to  children  or  of  any  charitable  or  benevolent  institution,  society  or  associa- 
tion now  or  hereafter  duly  incorporated  under  the  laws  of  this  state,  or  be  reputable 
private  citizens,  male  or  female.  Any  officer  or  member  of  the  police  force  of  any 
city  or  incorporated  village  who  may  be  detailed  to  do  duty  in  such  courts,  or  any 
corstable  or  peace  officer,  may  be  employed  as  probation  officer  upon  the  order  of 
any  court  or  justice  as  herein  provided.  No  probation  officer  appointed  under  the 
previsions  of  this  section  shall  receive  compensation  for  his  services  as  such  pro- 
bariou  officer  until  allowed  by  proper  municipal  ordinance  or  resolution,  as  herein- 
after prescribed,  but  this  shall  not  be  construed  to  deprive  any  officer  or  member 
of  the  police  force,  or  any  constable  or  peace  officer,  appointed  probation  officer  as 
herein  providetl.  from  receiving  the  salary  or  compensation  attached  to  said  official 
employment.  The  board  of  estimate  and  apportionment  in  the  city  of  New  York  and 
the  appropriate  municipal  board  or  body  of  any  other  city  or  village,  may,  in  their 
discretion  determine  whether  probation  officers,  not  detailed  from  other  branches 
of  thij  public  service,  shall  receive  a  salary,  and  if  they  shall  so  determine,  they  may 
fix  the  amount  thereof  and  provide  for  its  payment. 

S  2.  Subdivision  twenty-seven  of  section  fifty-six  of  the  code  of  criminal  procedure 
is  hereby  amended  to  read  as  follows  : 

2~.  Cruelty  to  animals  or  children  or  offenses  of  children  under  section  six  hundred 
and  ninety-nine  of  the  penal  code. 

§  3.  Section  four  hundred  and  eighty-three  of  the  code  of  criminal  procedure,  is 
hereby  amended  to  read  as  follows  : 

§  483.  Court  may  summarily  inquire  into  circumstances  in  aggravation  or  mitiga- 
tion of  punishment.  After  a  plea  or  verdict  of  guilty,  in  a  case  where  a  discretion- 
is  conferred  upon  the  court  as  to  the  extent  of  the  punishment,  the  court  may,  in  its 
discretion,  hear  the  same  summarily  at  a  specified  time,  and  upon  such  notice  to  the 
adverse  party  as  it  may  direct.  At  such  specified  times,  if  it  shall  appear  by  the 
record  and  the  circumstances  of  any  person  convicted  of  crime,  that  there  are  cir- 
cumstances in  mitigation  of  the  punishment,  the  court  shall  have  power,  in  its  dis- 
cretion, to  place  the  defendant  on  probation  in  the  manner  following : 

1  The  court  upon  suspending  sentence,  may  place  such  person  on  probation  during 
sucl-.  suspension  under  the  charge  and  supervision  of  the  probation  officer  appointed 
by  said  court.  When  practicable,  any  child  under  the  age  of  sixteen  years,  placed  on 


246  REPORT  OF  THE  PROBATION  COMMISSION. 

probation,  shall  be  placed  with  a  probation  officer  of  the  same  religious  faith  as  that 
of  the  child's  parents.  The  parents,  guardian  or  master  of  such  child,  if  the  child 
has  any,  shall  be  summoned  by  the  magistrate  to  attend  any  examination  or  trial  of 
such  child  and  to  be  present  in  court  when  the  child  is  placed  on  probation  and 
informed  by  the  court  of  the  action  taken  in  such  case. 

2.  If   the  judgment   is  to   pay   a  fine  and   that  the  defendant  be   imprisoned   until   it 
is  paid,   the  court  upon   imposing  sentence   may  direct  that  the  execution  of  the  sen- 
tence of   imprisonment  be  suspended  for  such  period  of  time,   and  on  such  terms   and 
conditions   as  it  shall   determine,   and   shall  place  such   defendant   on   probation   under 
the  charge  and   supervision   of   a   probation   officer   during   such   suspension,    provided, 
however,   that  upon   payment  of   the  fine  being  made,   the  judgment  shall  be   satisfied 
and  the  probation  cease. 

3.  At  any   time   during   the   probationary   term   of   a   person   convicted   and   released 
on  probation  in  accordance  with  the  provisions  of  this  section,  the  court  before  which, 
or  the  justice  before  whom,  the  person  so  convicted  was  convicted,   or  his   successor, 
may  in  its  or  his  discretion,  revoke  and  terminate  such  probation.     Upon  such  revoca- 
tion and  termination,   the   court  may,    if  the  sentence   has  been   suspended,   pronounce 
judgment    at   any  time  thereafter   within   the   longest   period   for   which  the   defendant 
might  have   been   sentenced,   or,   if  judgment   has   been    pronounced   and   the   execution 
thereof   has   been    suspended,    the   court   may   revoke    such   suspension,    whereupon   the 
judgment  shall  be  in  full  force  and  effect  for  its  unexpired  term. 

§  4.  Subdivision  four  of  section  five  hundred  and  fifty-four,  of  the  code  of  criminal 
procedure,  is  hereby  amended  to  read  as  follows  : 

Subdivision  4.  Whenever  a  child  under  the  age  of  sixteen  years  is  arrested 
charged  with  any  offence  except  a  felony  or  a  crime  which  if  committed  by  an  adult 
would  be  a  felony,  a  captain  or  sergeant  or  acting  sergeant  of  police,  in  any  city 
may  accept,  in  lieu  of  bail,  the  personal  recognizance  in  writing,  without  security, 
of  a  parent,  guardian  or  other  lawful  custodian  of  such  child,  to  produce  such  child 
before  the  proper  court  or  magistrate  on  the  following  day,  at  a  time  and  place  to 
be  specified  in  said  recognizance ;  and  thereupon  he  shall  place  said  child  in  the 
care  and  custody  of  the  person  executing  the  same  who,  on  failure  to  so  produce 
said  child,  pursuant  to  the  terms  of  such  recognizance,  shall  be  liable  to  punishment 
by  the  court  or  magistrate,  as  for  a  criminal  contempt  in  the  manner  provided  in 
the  code  of  civil  procedure.  A  similar  recognizance  may  be  taken  by  the  court  or 
magistrate  for  the  subsequent  production  of  such  child  at  a  time  and  place  specified 
therein,  pending  the  final  termination  of  the  proceedings,  and  noncompliance  there- 
with shall  subject  the  person  giving  the  same  to  the  same  punishment.  Such  failure 
to  produce  the  child  shall  in  either  case  vacate  the  said  recognizance  and  warrant 
the  immediate  arrest  of  the  child  by  order  of  the  court  or  magistrate.  But  nothing 
in  this  act  contained  shall  authorize  the  acceptance  of  such  personal  recognizance 
for  the  production  of  a  child  who  has  been  the  subject  of  a  crime  or  a  witness  to 
its  commission  by  another. 

§    5.     This  act  shall   take  effect   September   first,   nineteen   hundred  and  five. 

Appointment  of  Probation  Commission. 

Chapter  714,   June  3,   1905. 

AN    ACT    appointing    a    committee    to    examine    into    the    operations    of    the    probation 
system  and  in  report  to  the  legislature  through  the   governor. 

Section  1.  The  governor  of  the  state  of  New  York  is  hereby  authorized  and  em- 
powered to  appoint  a  commission  of  not  to  exceed  fifteen  members,  to  be  known  as 
the  commission  on  the  probation  system.  Said  commission  shall  elect  a  chairman 
and  appoint  a  secretary ;  it  may  employ  such  counsel  and  assistants  from  time  to 
time  as  it  may  deem ,  necessary,  but  the  total  expenditure  of  the  commission  shall 
not  exceed  five  thousand  dollars.  It  may  fix  the  number  of  commissioners  necessary 
for  a  quorum  and  make  rules  for  its  government  and  for  the  direction  of  its  work. 

§  2.  The  duties  of  said  commission  shall  be  to  make  careful  inquiry  into  the 
operation  of  the  probation  system  in  the  state  of  New  York  ;  including  the  number  of 
persons  appointed  as  probation  officers,  the  method  of  their  selection ;  their  com- 
pensation, if  any ;  the  numbers  and  classes  of  persons  placed  under  the  care  of  pro- 
bation or  parole  officers ;  the  duties  performed  by  such  probation  officers  in 
relation  to  persons  placed  under  their  supervision  ;  the  conduct  of  persons 
placed  under  the  supervision  of  probation  or  parole  officers ;  and  any  other 


REPORT  OF  THE  PROBATION  COMMISSION.  247 

matters  pertaining  to  the  probation  system.  The  members  of  the  commission  and  its 
secretary,  counsel,  and  assistants,  when  so  directed  by  the  commission,  shall  have 
access  to  all  court  and  other  records  relating  to  the  trial  of  persons  placed  on  proba- 
tion or  parole  or  who  might  have  been  placed  on  probation  or  parole,  or  relating 
to  the  \\ork  of  probation  or  parole  officers,  or  the  conduct  of  persons  who  have  been 
placed  on  probation  or  parole.  The  said  commission  may  also  collect  information 
in  regard  to  the  operations  of  the  probation  system  in  other  states.  The  term 
parole  as  used  in  this  act  shall  not  be  held  to  include  the  release  of  persons  who 
have  been  committed  to  penal  or  reformatory  institutions  and  who  after  having 
entered  such  institutions  are  conditionally  released  therefrom. 

§  3.  The  commission  shall  have  power  to  subpoena  witnesses  before  it,  with  or 
without  papers,  by  a  subpoena  signed  by  the  chairman,  to  administer  to  them  oaths 
and  to  compel  their  attendance  by  attachment  to  be  issued  on  the  order  of  the  com- 
mission and  sened  by  any  peace  officer;  witnesses  shall  be  paid  the  fee  paid  witnesses 
in  courts  of  record. 

§  4.  The  members  of  the  commission  shall  receive  no  compensation  for  their  ser- 
vices, but  the  expenses  and  disbursements  incurred  by  them  in  the  discharge  of  their 
duties  as  said  commissioners  shall  be  paid.  The  commission  shall  have  power  to 
fixe  the  .compensation  of  its  counsel  and  other  employees. 

§  5.  Said  commission  shall  make  a  full  report  of  its  work  to  the  governor  to  be 
transmitted  by  him  to  the  next  legislature  at  its  opening  or  as  soon  therafter  as 
practicable.  Such  report  shall  include  such  recommendations  as  the  commission  may 
deem  wise  to  perfect  the  probation  system  in  this  state,  and  the  commission  shall 
cease  to  exist  when  such  report  is  made. 

§  6.  The  sum  of  five  thousand  dollars  is  hereby  appropriated  out  of  any  moneys 
in  the  treasury  not  otherwise  appropriated  for  the  purpose  of  carrying  out  the 
provisions  of  this  act.  The  expenses,  disbursements,  payment  of  counsel  fees  and 
compensation  of  other  employees  of  the  commission  shall  be  made  on  the  approval 
of  the  chairman  of  the  commission  and  the  audit  of  the  comptroller. 

§   7.   This   act    shall    take    effect    immediately. 

OHIO. 

Cleveland — Cuyahoga  County  Juvenile  Court  and  Probation  System. 
Page  785,  April   18,  1902. 

AN  ACT  to  establish  a  juvenile  court  in  certain  counties  and  to  regulate  the  con- 
trol of  delinquent  and  neglected  children. 

Section  1.  In  all  counties  containing  by  the  federal  census  of  1900  a  city  having 
a  population  of  more  than  380,000,  and  also  containing  a  court  of  insolvency,  said 
court  of  insolvency  in  addition  to  the  jurisdiction  now  conferred  upon  it,  shall 
have  original  jurisdiction  in  all  cases  coming  under  the  provisions  of  this  act.  The 
finding?  of  the  court  in  all  cases  under  this  act  shall  be  recorded  in  a  separate 
book  to  be  known  as  the  "  juvenile  record,"  and  this  court  may  also  for  convenience 
be  called  the  "  juvenile  court."  In  all  trials  under  this  act,  any  person  interested 
therein  may  demand  a  jury  of  six,  or  the  judge  of  said  court  may,  of  his  own 
motion,  order  a  jury  of  the  same  number  to  try  any  case  pending  before  him. 

§  2.  This  act  shall  apply  only  to  children  under  the  age  of  sixteen  years,  not 
now  or  hereafter,  inmates  of  a  state  institution,  or  any  industrial  school  for  boys 
or  industrial  home  for  girls  or  some  institution  incorporated  under  the  laws  of  this 
sitate.  For  the  purpose  of  this  act  the  words  "  neglected  child  "  shall  mean  any 
child  who  for  any  reason  is  destitute  or  homeless  or  abandoned  ;  or  dependent  upon 
the  public  for  support ;  or  has  not  proper  [parental]  care  or  guardianship ;  or  who 
habitually  begs  or  receives  alms;  or  who  is  found  living  in  any  house  of  ill-fame  or 
with  any  vicious  or  disreputable  pers-ons,  or  whose  home,  by  reason  of  neglect, 
cruelty  or  depravity  on  the  part  of  its  parents,  guardian  or  other  person  in  whose 
care  it  may  be,  is  an  unfit  place  for  such  child  ;  and  any  child  under  the  age  of  ten 
(10)  years  who  is  found  begging,  peddling  or  selling  any  article,  or  singing  or  play- 
ing any  musical  instrument  upon  the  street,  or  giving  any  public  entertainment,  or 
who  accompanies  or  is  used  in  aid  of  any  person  so  doing.  The  words  "  delinquent 
child  "  shall  include  any  child  under  the  age  of  sixteen  (16)  years  who  violates  any 
law  of  this  state  or  any  city  or  village  ordinance  ;  or  who  is  incorrigible ;  or  who 


248  KEPORT  OF  THE  PROBATION  COMMISSION. 

knowingly  associates  with  thieves,  vicious  or  immoral  persons ;  or  who  is  growing  up 
in  idleness  or  crime ;  or  who  knowingly  frequents  a  house  of  ill-fame ;  or  who 
knowingly  patronizes  any  policy  shop  or  place  where  any  gaming  device  is  or  shall 
be  operated.  The  word  "  child  "  or  "  children  "  may  mean  one  or  more  children 
and  the  word  "parent"  or  "parents"  may  be  held  to  mean  one  or  both  parents  when 
consistent  with  the  intent  of  this  act. 

§  3.  Any  reputable  person  being  a  resident  in  any  county,  having  knowledge  of 
a  child  in  such  county  who  appears  to  be  either  neglected,  dependent  or  delinquent, 
may  file  with  the  clerk  of  said  juvenile  court  a  petition  in  writing,  setting  forth  the 
facts  verified  by  affidavit.  It  shall  be  sufficient  that  the  affidavit  is  upon  information 
and  belief. 

§  4.  Upon  the  filing  of  a  petition,  a  summons  shall  issue  requiring  the  person 
having  custody  or  control  of  the  child  or  with  whom  the  child  may  be,  to  appear 
with  the  child  at  a  place  and  time  state'd  in  the  summons,  which  time  shall  not  be 
less  than  twenty-four  hours  after  service.  The  parents  of  the  child,  if  living  and 
their  residence  is  known,  or  its  legal  guardian,  if  one  there  be,  or  if  there  is  neither 
parent  or  guardian  or  if  his  or  her  residence  is  not  known,  then  some  relative,  if 
there  be  one  and  his  residence  is  known,  or  the  board  of  county  visitors  as  now 
established  by  law,  shall  be  notified  of  the  proceedings,  and  in  any  case  such  board 
of  county  visitors  or  the  judge  may  appoint  some  suitable  person  to  act  in  behalf  of  the 
child.  If  the  person  who  shall  serve  without  pay  summoned  as  herein  provided  shall 
fail  without  reasonable  cause  to  appear  and  abide  the  order  of  the  court,  or  bring  the 
child,  he  may  be  proceeded  against  as  in  the  case  of  contempt  of  court.  In  case  the 
summons  cannot  be  served,  or  the  party  served  fails  to  obey  the  same,  and  in  any 
case  when  it  shall  be  made  to  appear  to  the  court  that  such  summons  will  be  in- 
effectual, a  warrant  may  issue  on  the  order  of  the  court  either  against  the  parent 
or  guardian  or  the  person  having  custody  of  the  child  or  with  whom  the  child  may 
be  or  against  the  child  itself.  On  the  return  of  the  summons  or  other  process,  or 
as  soon  thereafter  as  may  be,  the  court  shall  proceed  to  hear  and  dispose  of  the 
case  iu  a  summary  manner.  Pending  the  final  disposition  of  any  case,  the  child 
may  be  retained  in  the  possession  of  the  person  having  the  charge  of  the  same,  or 
may  be  kept  in  some  suitable  place  provided  by  the  city  or  county  authorities,  or 
such  other  place  as  said  court  may  designate. 

§  5.  The  court  shall  have  authority  to  appoint  or  designate  one  or  more  discreet 
persons  of  good  character  to  serve  as  probation  officers  during  the  pleasure  of  the 
court ;  said  probation  officers  to  receive  no  compensation  from  the  public  treasury. 
It  shall  be  the  duty  of  the  said  probation  officer  to  make  such  investigation  as  may 
be  required  by  the  court ;  to  be  present  in  court  in  order  to  represent  the  interests 
of  the  child  when  the  case  is  heard ;  to  furnish  the  court  such  information  and 
assistance  as  the  judge  may  require,  and  to  take  such  charge  of  any  child  before 
and  after  trial  as  may  be  directed  by  the  court.  All  other  probation  officers  created  by 
law  shall  have  like  powers  and  duties  in  the  juvenile  court  as  those  appointed 
thereby. 

§  6.  When  any  child  under  the  age  of  sixteen  (16)  years  shall  be  found  to  be 
dependent  or  neglected,  within  the  meaning  of  this  act,  the  court  may  make  an 
order  committing  the  child  to  the  care  of  some  suitable  state  institution,  or  to  the 
care  of  some  reputable  citizen  of  good  moral  character,  or  to  the  care  of  some 
training  school  or  an  industrial  school,  as  provided  by  law,  or  to  the  care  of  some 
association  willing  to  receive  it  embracing  in  its  objects  the  purpose  of  caring  or 
obtaining  homes  for  dependent  or  neglected  children.  (Which  association  shall  have 
been  accredited  as  hereinafter  provided).  The  court  may,  when  the  health  or 
condition  of  the  child  shall  require  it,  cause  the  child  to  be  placed  in  a  public 
hospital  or  institution  for  treatment  or  special  care,  or  in  a  private  hospital  or 
institution  which  will  receive  it  for  like  purpose  without  charge. 

§  7.  It  shall  be  lawful  for  the  parents,  parent,  guardian  or  other  person  having 
the  right  to  dispose  of  a  dependent  or  neglected  child  to  enter  into  an  agreement 
with  any  association  or  institution  incorporated  under  any  law  of  this  state  for  the 
purpose  of  aiding,  caring  for  or  placing  in  home  such  children,  and  being  approved 
as  herein  provided,  for  the  f-urrender  of  such  child  to  such  association  or  institution, 
to  be  taken  and  cared  for  by  such  association  or  institution  or  put  into  a  family  home. 
Such  agreements  may  contain  any  and  all  proper  stipulations  to  that  end  and  may 
authorize  the  association  or  institution,  by  its  attorney  or  agent,  to  appear  in  any 


REPORT  OP  THE  PROBATION  COMMISSION.  249 

proceedings  for  legal  adoption  of  such  child  and  consent  to  its  adoption  and  the 
order  of  the  court  made  upon  such  consent  shall  be  binding  upon  the  child  and  its 
parents  or  guardian  or  other  person  the  same  as  if  such  person  were  personally  in 
court  and  consented  thereto,  whether  made  party  to  the  proceeding  or  not. 

§  8.  In  any  case  where  the  court  shall  award  a  child  to  the  care  of  any  asso- 
ciation or  individual  in  accordance  with  the  provisions  of  this  act  the  child  shall 
unless  otherwise  ordered  become  a  ward,  and  be  subject  to  the  guardianship  of  the 
association  or  individual  to  whose  care  it  is  committed.  Such  association  or  indi- 
vidual shall  have  authority  to  place  such  child  in  a  family  home,  with  or  without 
indenture,  and  may  be  made  party  to  any  proceeding  for  the  legal  adoption  of  the 
child,  and  may  be  by  his  or  its  attorney  or  agent  appear  in  any  court  where  such 
proceedings  are  pending,  and  assent  to  such  adoption.  And  such  assent  shall  be 
sufficient  to  authorize  the  court  to  enter  the  proper  order  or  decree  of  adoption. 
Such  guardianship  shall  not  include  the  guardianship  of  any  estate  of  the  child. 

§  9.  In  the  case  of  a  delinquent  child  the  court  may  continue  the  hearing  from  time 
to  time,  and  may  commit  the  child  to  the  care  and  custody  of  a  probation  officer, 
and  may  allow  said  child  to  remain  in  its  own  home,  subject  to  the  visitation  of  the 
probation  officer;  such  child  to  report  to  the  probation  officer  as  often  as  may  be 
required  and  subject  to  be  returned  to  the  court  for  further  or  other  proceedings 
whenever  such  action  may  appear  to  be  necessary ;  or  the  court  may  cause  the 
child  to  be  placed  in  a  suitable  family  home,  subject  to  the  friendly  supervision 
of  a  probation  officer  and  the  further  order  of  the  court ;  or  it  may  authorize  the 
child  to  be  boarded  out  in  some  suitably  family  home,  in  case  provision  is  made  by 
voluntary  contribution  or  otherwise  for  the  payment  of  the  board  of  such  child,  until 
a  suitable  provision  may  be  made  for  the  child  in  a  home  without  such  payment; 
or  the  court  may  commit  such  child,  if  a  boy,  to  a  training  industrial  school  for  bo>s, 
or  if  a  girl,  to  an  industrial  home  for  girls,  or  the  court  may  commit  the  child 
to  any  institution  within  the  county,  incorporated  under  the  laws  of  this  state  that 
may  care  for  delinquent  children,  or  be  provided  by  a  city  or  county  suitable  for 
the  care  of  such  children,  or  to  any  state  institution  which  may  be  established  for 
the  care  of  delinquent  boys  or  girls.  In  no  case  shall  a  child  be  committed 
beyond  his  or  her  minority.  A  child  committed  to  such  institution  shall  be  subject 
to  the  control  of  the  board  of  managers  thereof,  and  the  said  boa.rd  shall  have  power 
to  parole  such  child  en  such  conditions  as  it  may  prescribe ;  and  the  court  shall, 
on  the  recommendation  of  the  board,  have  power  to  discharge  such  child  from 
custody  whenever,  in  the  judgment  of  the  court  his  or  her  reformation  is  complete ; 
or  the  court  may  commit  the  child  to  the  care  and  custody  of  some  association  that 
will  receive  it  embracing  in  its  objects  the  care  of  dependent  or  neglected  children 
and  that  has  been  duly  accredited  as  hereinafter  provided. 

§  10.  No  court  or  magistrate  shall  commit  a  child  under  twelve  (12)  years  of  age 
to  a  jail  or  police  station,  but  if  such  child  is  unable  to  give  bail  it  may  be  com- 
mitted to  the  care  of  the  sheriff,  police  officer,  or  probation  officer,  or  officer  of  the 
humane  society,  who  shall  keep  said  child  in  some  suitable  place  provided  by  the 
city  or  county  outside  of  the  enclosure  of  any  jail  or  police  station.  When 
any  child  shall  be  sentenced  to  confinement  in  any  institution  to  which  adult  con- 
victs are  sentenced,  it  shall  be  unlawful  to  confine  such  child  in  building  with  such 
adult  convicts,  or  to  confine  such  child  in  the  same  yard  or  enclosure  with  such 
adult  convicts,  or  to  bring  such  child  into  any  yard  or  building  in  which  such  adult 
convicts  may  be  present.  Any  child  under  twelve  (12)  years  of  age  taken  before 
any  police  court  in  said  counties,  charged  with  a  misdemeanor  shall  at  once,  by  said 
police  court  be  transferred  to  said  juvenile  court,  and  all  magistrates  and  courts 
may  so  transfer. 

§  11.  In  any  case  in  which  the  court  shall  find  a  child  neglected,  dependent  or 
delinquent  it  may,  in  the  same  or  subsequent  proceedings,  upon  the  parents  of  said 
child,  or  either  of  them,  being  duly  summoned  or  voluntarily  appearing,  proceed  to 
inquire  into  the  ability  of  such  parent,  or  parents  to  support  the  child  or  to  con- 
tribute to  its  support,  and  if  the  court  shall  find  such  parent  or  parents  able  to 
support  the  child  or  contribute  thereto,  the  court  may  enter  such  order  or  decree 
as  shall  be  according  to  equity  in  the  premises,  and  may  enforce  the  same  by 
execution,  or  in  any  way  in  which  a  court  of  equity  may  enforce  its  orders  or 
decrees. 

§  12.  The  Board  of  State  Charities  shall  have  the  supervision  and  right  of  visita- 
tion to  all  institutions  and  associations  having  charge  of  juveniles  under  this  act ; 


250  REPORT  OF  THE  PROBATION  COMMISSION. 

and  said  juvenile  court,  said  institutions  and  said  associations  shall  make  annual 
reports  in  October  of  each  year,  to  said  board.  The  report  of  the  juvenile  court 
shall  include  the  number  of  juveniles  of  each  sex  brought  before  it,  the  number  for 
whom  homes  have  been  obtained,  the  number  sent  to  state  institutions,  and  the  num- 
ber under  charge  of  such  association. 

§  13.  Associations  may  be  organized  and  incorporated  under  this  act,  for  the 
purpose  of  aiding  in  its  benevolent  aims,  having  not  less  than  five  or  more  than 
twenty-one  directors,  male  or  female,  or  both ;  and  the  secretary  of  state  shall 
refuse  a  chajter  to  any  such  organization  unless  he  is  satisfied  that  the  persons  so 
organizing  are  of  good  moral  character  and  have  the  benevolent  purposes  of  this  act 
in  view. 

§  14.  The  court  in  committing  children  shall  place  them  as  far  as  practicable  in  the 
care  and  custody  of  some  individual  holding  the  same  religious  belief  as  the  parents 
of  said  child,  or  with  some  association  "which  is  controlled  by  persons  of  like 
religious  faith  of  the  parents  of  said  child. 

§   15.   This  act  shall  take  effect  and  be  in  force  from  and  after  May  1,  1902. 

Juvenile  Courts  and  Probation  System. 
Page  561,   May  5,   1904. 

AN  ACT  to  regulate  the  treatment  and  control  of  dependent,  neglected  and  delinquent 

children. 

Section  1.  [Definition.]  This  act  shall  rpply  only  to  children  under  the  age  of  six- 
teen (16)  years,  not  now  or  hereafter  inmates  of  a  state  institution  or  training 
school  for  boys,  or  industrial  school  for  girls,  or  institution  incorporated  under  the 
laws  of  the  state,  except  as  provided  in  sections  12  and  13  of  this  act.  For  the 
purpose  of  this  act  the  words  "  dependent  child  "  and  "  neglected  child  "  shall  mean 
any  child  who  for  any  reason  is  destitute  or  homeless  or  abandoned ;  or  dependent 
upon  the  public  for  support ;  or  has  not  proper  parental  care  or  guardianship,  or 
habitually  begs  or  receives  alms ;  or  who  is  found  living  in  any  house  of  ill-fame 
or  with  any  vicious  or  disreputable  person,  or  whose  home,  by  reason  of  neglect, 
cruelty  or  depravity  on  the  part  of  its  parents,  guardian  or  other  person  in  whose 
care  it  may  be,  is  an  unfit  place  for  such  a  child ;  and  any  child  under  the  age  of  ten 
(10)  years  who  is  found  begging,  or  giving  any  public  street  entertainment  by  sing- 
ing, playing  any  musical  instrument,  or  otherwise.  The  words  "  delinquent  child  " 
shall  include  a  child  under  the  age  of  sixteen  (16)  years  who  violates  any  law  of  this 
state  or  any  city  or  village  ordinance ;  or  who  is  incorrigible ;  or  who  knowingly 
frequents  a  house  of  ill-fame;  or  who  is  employed  contrary  to  the  provisions  of 
section  6986-1  of  the  Revised  Statutes,  or  who  knowingly  patronizes  any  policy  shop. 
The  word  "  child  "  or  "  children  "  may  mean  one  or  more  children,  and  the  word 
"  parent  "  or  "  parents  "  may  be  held  to  mean  one  or  both  parents,  when  consistent 
with  the  intent  of  this  act.  The  word  "association"  shall  include  any  corporation 
which  includes  in  its  purpose  the  care  or  disposition  of  children  coming  within  the 
meaning  of  this  act. 

§  2.  [Jurisdiction.]  The  courts  of  common  pleas,  probate  courts,  and  where  estab- 
lished, the  insolvency  and  superior  courts  of  those  counties  in  this  state,  wherein 
three  or  more  judges  of  the  common  pleas  court  regularly  hold  court  concurrently, 
shall  have  original  jurisdiction  in  all  cases  coming  within  the  terms  of  this  act.  In 
all  trials  under  this  bill  any  person  interested  therein  may  demand  a  jury  or  the 
judge  of  his  own  motion  may  order  a  jury  to  try  the  case. 

§  3.  [Judge  of  juvenile  court.]  The  judges  of  the  common  pleas  court,  in  the 
counties  wherein  three  or  more  such  judges  regularly  hold  court  concurrently,  to- 
gether with  the  probate  judge  and  the  judges  of  the  superior  and  insolvency  court, 
where  such  courts  or  either  of  them  exists,  shall,  at  such  times  as  they  may  determine, 
designate  one  of  their  number,  whose  duty  it  shall  be  to  hear  and  determine  all 
cases  coming  under  this  act,  in  a  tribunal  having  jurisdiction  within  said  county,  to 
be  called  the  juvenile  court.  A  special  room,  not  to  be  used  for  the  triaj  of  other 
[either]  criminal  matters  where  avoidable,  shall  be  provided  for  the  hearing  of  such 
cases,  and  the  orders,  judgments  and  findings  of  such  court  shall  be  entered  in  a 
separate  book  or  books,  known  as  the  "juvenile  record,"  which  shall  be  kept  by  the 
clerk  of  said  common  pleas  or  other  court  whose  judge  may  be  so  designated,  who 
shall  be  clerk  of  such  juvenile  court. 


REPORT  OF  THE  PROBATION  COMMISSION.  251 

S  4.  [Petition  to  the  court.]  Any  person  being  a  resident  of  this  state  having 
knowledge  of  a  child  in  his  county  who  appears  to  be  either  neglected,  dependent  or 
delinquent,  may  file  with  the  clerk  of  a  court  having  jurisdiction  in  the  matter,  a 
petition  in  writing  setting  forth  the  facts  verified  by  affidavit.  It  shall  be  sufficient 
that  the  affidavit  is  upon  information  and  belief. 

§  5.  [Summons.]  Upon  the  filing  of  the  petition  a  summons  shall  issue  requiring 
the  person  having  custody  or  control  of  the  child,  or  with  whom  the  child  may  be, 
to  appear  immediately  with  the  child  at  a  place  stated  in  the  summons. 

The  parent  or  guardian,  or  if  there  be  neither,  'then  any  relative  of  such  child, 
and  his  residence  is  known,  shall  be  notified  of  the  proceedings,  and  in  any  case  the 
judge  may  appoint  some  suitable  person  to  act  in  behalf  of  the  child.  If  the  person 
summoned  as  herein  provided,  shall  fail  without  reasonable  cause  to  appear  and  abide 
the  order  of  the  court,  or  bring  the  child,  he  may  be  proceeded  against  as  in  case 
of  contempt  of  court. 

In  case  the  summons  cannot  be  served  or  the  party  served  fails  to  obey  the  same, 
and  in  any  case  when  it  shall  be  made  to  appear  to  the  court  that  such  summons 
will  be  ineffectual,  a  warrant  may  issue  on  the  order  of  the  court,  either  against 
the  parent  or  guardian,  or  the  person  having  custody  of  the  child,  or  with  whom  the 
child  may  be,  or  against  the  child  itself. 

On  the  return  of  the  summons  or  other  process,  or  as  soon  thereafter  as  may  be, 
the  court  shall  proceed  to  hear  and  dispose  of  the  case  in  a  summary  manner.  Pend- 
ing the  final  disposition  of  any  case,  the  child  may  be  retained  in  the  possession  of 
the  person  having  the  charge  of  the  same,  or  may  be  kept  in  some  suitable  place 
provided  by  the  city  or  county  authorities. 

§  6.  [Probation  officers.]  The  juvenile  court  shall  appoint  or  designate  one  of 
more  discreet  persons  of  good  character,  one  to  be  known  as  the  chief  probation  officer, 
who  shall  receive  $4  for  each  day  or  part  of  a  day,  and  when  in  the  discretion  of  the 
court  it  is  found  necessary,  an  interpreter  as  first  assistant  who  shall  receive  $3  for 
each  day  or  part  of  a  day  he  or  she  may  be  actually  on  duty,  to  serve  as  probation 
officers  during  the  pleasure  of  the  court.  Said  sum  or  sums,  to  cover  salaries  and 
necessary  official  expenses,  and  to  be  paid  by  the  county  treasurer  out  of  any  funds 
appropriated  for  the  use  of  the  judges  of  the  common  pleas,  insolvency  or  probate 
courts,  upon  itemized  vouchers  sworn  to  by  said  officer,  or  officers,  and  certified  to  by 
the  judge  of  the  juvenile  court :  Provided,  that  said  judge,  if  in  his  opinion  the 
•circumstances  demand  it,  appoint  a  third  discreet  person  to  serve  as  probation  officer, 
who  shall  receive  the  same  compensation  as  the  interpreter,  and  still  other  fit  and 
willing  persons,  who  shall  serve  without  compensation  from  the  court ;  and  said  pro- 
bation officers  shall  be  and  are  hereby  vested  with  all  the  powers  and  authority  of 
the  sheriff  to  make  arrests  and  perform  all  other  duties  incident  to  their  office. 

§  7.  [Dependent  and  neglected  children.]  When  any  child  under  the  age  of  sixteen 
(16)  years  shall  be  found  to  be  dependent  or  neglected,  within  the  meaning  of  this 
act,  the  court  may  make  an  order  committing  the  child  to  the  care  of  some  suitable 
state  institution  or  to  the  care  of  some  reputable  citizen  of  good  moral  character, 
or  to  the  care  of  some  training  school  or  an  industrial  school,  as  provided  by  law,  or 
to  the  care  of  some  association  willing  to  receive  it,  embracing  in  its  objects  the 
purposes  of  caring  or  obtaining  homes  for  dependent  or  neglected  children,  which 
association  shall  have  been  accredited  as  hereinafter  provided.  The  court  may,  when 
the  health  or  condition  of  the  child  shall  require  it,  cause  the  child  to  be  placed 
in  a  public  hospital  or  institution  for  treatment  or  special  care,  or  in  a  private 
hospital  or  institution  which  will  receive  it,  for  like  purposes  without  charge. 

§  8.  [Guardianship.]  In  any  case  where  the  court  shall  award  a  child  to  the  care 
of  any  association  or  individual  in  accordance  with  the  provisions  of  this  act,  the 
child  shall,  unless  otherwise  ordered,  become  a  ward,  and  be  subject  to  the  guardian- 
ship of  the  association  or  individual  to  whose  care  it  is  committed.  Such  asssociation 
or  individual  shall  have  authority  to  place  such  a  child  in  a  family  home,  with  or 
without  indenture,  and  be  made  party  to  any  proceedings  for  the  legal  adoption 
of  the  child,  and  may  by  its  or  his  attorney  or  agent  appear  in  any  court  where 
such  proceedings  are  pending,  and  assent  to  such  adoption.  And  such  assent  shall  be 
sufficient  to  authorize  the  court  to  enter  the  proper  order  or  decree  of  adoption.  Such 
•guardianship  shall  not  include  the  guardianship  of  any  estate  of  the  child. 

§  9.  [Disposition  of  delinquent  children.]  In  the  case  of  a  delinquent  child  the  court 
may  continue  the  hearing  from  time  to  time,  and  may  commit  the  child  to  the  care 
or  custody  of  a  probation  officer,  and  may  allow  said  child  to  remain  in  its  own  home, 


252  REPORT  OF  THE  PROBATION  COMMISSION. 

subject  to  the  visitation  of  the  probation  officer ;  and  subject  to  be  returned  to  the 
court  for  further  or  other  proceedings  whenever  such  action  may  appear  to  be 
necessary ;  or  the  court  may  cause  the  child  to  be  placed  in  a  suitable  family  home, 
subject  to  the  friendly  supervision  of  a  probation  officer,  and  the  further  order  of 
the  court,  or  it  may  authorize  the  child  to  be  boarded  out  in  some  suitable  family 
home,  in  case  provision  is  made  by  voluntary  contribution  or  otherwise  for  the  pay- 
ment of  the  board  of  such  child,  until  a  suitable  provision  may  be  made  for  the  child 
in  a  home  without  such  payment ;  or  the  court  may  commit  such  child,  if  a  boy, 
to  a  training  school  for  boys,  or,  if  a  girl,  to  an  industrial  school  for  girls,  or  the 
court  may  commit  the  child  to  any  institution  within  the  county,  incorporated  under 
the  laws  of  this  state,  that  may  care  for  delinquent  children,  or  be  provided  by  a 
city  or  county  suitable  for  the  care  of  such  children,  or  to  be  Boys'  Industrial 
School  at  Lancaster,  or  to  any  state  institution  which  may  be  established  for  the 
care  of  delinquent  boys,  or,  if  a  girl  over  *the  age  of  nine  (9)  years,  to  the  Girls' 
Industrial  Home  at  Delaware,  or  to  any  state  institution  which  may  be  established 
for  the  care  of  delinquent  girls.  In  no  .case  shall  a  child  be  committed  to  such  insti- 
tution beyond  the  age  of  twenty-one  (21).  A  child  committed  to  such  institution 
shall  be  subject  to  the  control  of  the  board  of  trustees  thereof,  and  the  said  board 
shall  have  power  to  parole  such  child  on  such  condition  as  it  may  prescribe  ;  and  on 
the  recommendation  of  the  board  of  trustees  the  superintendent  shall  have  power 
to  discharge  such  child  from  custody,  or  the  court  may  commit  the  child  to  the  care 
and  custody  of  some  association  that  will  receive  it,  embracing  in  its  objects  the 
care  of  neglected  or  dependent  children,  and  that  has  been  duly  accredited  as  herein- 
after provided. 

§  10.  [Transfer  from  justices  and  judges  of  police  courts.]  When  [in]  any  county 
where  a  court  is  held,  as  provided  in  section  three  (3)  of  this  act,  a  child  under  the 
age  of  sixteen  (16)  years  is  arrested  without  warrant,  such  child,  instead  of  being 
taken  before  a  justice  of  the  peace,  or  judge  of  a  police  court,  shall  be  taken  directly 
before  such  juvenile  court ;  or.  if  the  child  is  taken  before  a  justice  of  the  peace, 
or  judge  of  a  police  court,  it  shall  be  the  duty  of  such  justice  of  the  peace 
or  judge  of  a  police  court,  to  transfer  the  case  to  such  juvenile  court,  and  the  officer 
having  the  child  in  charge  shall  take  the  child  before  that  court,  and  in  any  case 
the  court  may  proceed  to  hear  and  dispose  of  the  case  in  the  same  manner  as  if  the 
child  had  been  brought  before  the  court  upon  petition,  as  hereinafter  provided.  In 
any  case  the  court  shall  require  notice  to  be  given  and  investigation  to  be  made, 
as  in  other  cases  under  this  act,  and  may  adjourn  the  hearing  from  time  to  time 
for  the  purpose. 

§  11.  [Children  under  twelve  years  not  to  be  committed  to  jail.]  No  court  or  magis- 
trate shall  commit  a  child  under  twelve  (12)  years  of  age  to  a  jail  or  police  station, 
but  if  such  child  is  unable  to  give  bail  it  may  be  committed  to  the  care  of  the 
sheriff,  police  officer  or  probation  officer,  who  shall  keep  such  child  in  some  suitable 
place  provided  by  the  city  or  county  outside  of  the  enclosure  of  any  jail  or  police 
rtation. 

When  any  child  shall  be  sentenced  by  a  juvenile  court  to  confinement  in  any 
institution  to  which  adult  convicts  are  sentenced,  it  shall  be  unlawful  to  confine  such 
child  in  the  same  building  with  such  adult  convicts,  or  to  confine  such  child  in  the 
same  yard  or  enclosure  with  such  adult  convicts,  or  to  bring  such  child  into  any 
yard  or  building  in  which  adult  convicts  may  be  present. 

§  12.  [Agents  of  juvenile  reformatories.]  It  shall  be  the  duty  of  the  superintendent 
of  the  Boys'  Industrial  School  at  Lancaster,  and  of  the  Girls'  Industrial  Home  at 
Delaware,  and  the  board  of  managers  of  any  other  institution  to  which  juvenile 
delinquents  may  be  committed  by  the  courts,  to  maintain  an  agent  of  such  institu- 
tion, whose  duty  it  shall  be  to  examine  the  homes  of  children  paroled  from  such 
institution  for  the  purpose  of  ascertaining  and  reporting  to  said  court  whether  they 
are  suitable  homes ;  to  assist  children  paroled  or  discharged  from  such  institution 
in  finding  suitable  employment,  and  to  maintain  a  friendly  supervision  over  paroled 
inmates  during  the  continuance  of  their  parole  ;  such  agents  shall  hold  office  subject 
to  the  pleasure  of  the  board  making  the  appointment  and  shall  receive  such  compensa- 
tion as  such  board  may  determine  cut  of  any  funds  appropriated  for  such  institution 
applicable  thereto. 

§  13.  [Supervision  by  Board  of  State  Charities.]  All  associations  receiving  children 
under  this  act  shall  be  subject  to  the  same  visitation,  inspection  and  supervision  by  the 
Board  of  State  Charities  as  are  the  public  charitable  institutions  of  this  state,  and 


REPORT  OF  THE  PROBATION  COMMISSION.  253 

it  shall  be  the  duty  of  the  said  board  to  pass  annually  upon  the  fitness  of  every 
such  association  as  may  receive,  or  desire  to  receive,  children  under  the  super- 
vision of  this  act,  and  every  such  association  shall  annually,  at  such  time  as  said 
board  shall  direct,  make  report  thereto,  showing  its  condition,  management  and 
competency  adequately  to  care  for  such  children  as  are,  or  may  be  committed  to  it, 
and  such  other  facts  as  said  board  may  require,  and  when  said  board  is  satisfied 
that  such  association  is  competent  and  has  adequate  facilities  to  care  for  such 
children,  it  shall  issue  to  the  association  a  certificate  to  that  effect,  which  certificate 
shall  continue  in  force  for  one  (1)  year,  unless  sooner  revoked  by  said  board,  and  no 
child  shall  be  committed  to  any  association  which  shall  not  have  received  such  a 
certificate  within  fifteen  (15)  months  next  preceding  the  commitment.  The  court 
may,  at  any  time,  require  from  any  association,  receiving  or  desiring  to  receive 
children  under  the  provision  of  this  act,  such  reports,  information  and  statements  as 
the  judge  shall  deem  proper  and  necessary  for  his  action,  and  the  court  shall  in  no 
case  be  required  to  commit  a  child  to  any  association  whose  standing,  conduct  or 
care  of  children,  or  ability  to  care  for  the  same  is  not  satisfactory  to  the  court. 

§  14.  [Incorporation  of  associations.]  No  association  whose  objects  may  embrace 
the  caring  for  dependent,  neglected  or  delinquent  children  shall  hereafter  be  incor- 
porated unless  the  proposed  articles  of  incorporation  shall  first  have  been  submitted 
to  the  examination  of  the  Board  of  State  Charities,  and  the  secretary  of  state  shall 
not  issue  a  certificate  of  incorporation  unless  there  shall  first  be  filed  in  his  office  the 
certificate  of  the  secretary  of  the  Board  of  State  Charities  that  he  has  examined  the 
said  articles  of  incorporation,  and  that,  in  his  judgment,  the  incorporators  are 
reputable  and  respectable  persons,  that  the  proposed  work  is  needed  and  the  incor- 
poration of  such  association  is  desirable  and  for  the  public  good ;  amendments  pro- 
posed to  the  articles  of  incorporation  or  association  having  as  an  object  the  care 
and  disposal  of  dependent,  neglected  or  delinquent  children  shall  be  submitted  in 
like  manner  to  the  Board  of  State  Charities,  and  the  secretary  of  state  shall  not 
record  such  amendment  or  issue  his  certificate  therefor  unless  there  shall  first  be 
filed  in  his  office  the  certificate  of  the  secretary  of  the  Board  of  State  Charities 
that  he  has  examined  the  said  amendment,  that  the  association  in  question  is,  in 
his  judgment,  performing  in  good  faith  the  work  undertaken  by  it,  and  that  the  said 
amendment  is,  in  his  judgment,  a  proper  one,  and  for  the  public  good. 

§  15.  [Surrender  of  dependent  children — Adoption.]  It  shall  be  lawful  for  the 
parents,  parent,  guardian  or  other  person  or  persons  having  the  right  to  dispose  of  a 
dependent  or  neglected  child  to  enter  into  an  agreement  with  any  association  or  insti- 
tution incorporated  under  any  law  of  this  state  which  shall  have  been  approved  as 
herein  provided  for  the  purpose  of  aiding,  caring  for  or  placing  in  homes  such 
children  or  for  the  surrender  of  such  child  to  such  association  or  institution,  to  be 
taken  and  cared  for  by  such  association  or  institution,  or  put  ito  a  family  home. 

Such  agreement  may  contain  any  and  all  proper  stipulations  to  that  end,  and  may 
authorize  the  association  or  institution,  by  its  attorney,  or  agent,  to  appear  in  any 
proceeding  for  the  legal  adoption  of  such  child,  and  consent  to  its  adoption,  and  the 
order  of  the  court  made  upon  such  consent  shall  be  binding  upon  the  child  and  its 
parents,  guardian  or  other  person,  the  same  as  if  such  person  were  personally  in 
court  and  consented  thereto,  whether  made  party  to  the  proceeding  or  not. 

§  16.  [Foreign  corporations.]  No  association,  which  is  incorporated  under  the  laws 
of  any  other  state  than  the  state  of  Ohio,  shall  place  any  child  in  any  family  home 
within  the  boundaries  of  the  state  of  Ohio,  either  with  or  without  indenture  or  for 
adoption,  unless  the  said  association  shall  have  furnished  the  Board  of  State 
Charities  with  such  guaranty  as  it  may  require  that  no  child  shall  be  brought  into 
the  state  of  Ohio  by  such  society,  or  its  agents,  having  any  contagious  or  incurable 
disease,  or  having  any  deformity,  or  being  of  feeble  mind,  or  of  vicious  character, 
and  that  said  association  will  promptly  receive  and  remove  from  the  state  any  child 
brought  into  the  state  of  Ohio  by  its  agents,  which  shall  become  a  public  charge 
within  the  period  of  five  (5)  years  after  being  brought  into  the  state.  Any  person 
who  shall  receive  to  be  placed  in  a  home,  or  shall  place  in  a  home,  any  child  in 
behalf  of  any  association  incorporated  in  any  other  state  than  the  state  of  Ohio, 
which  shall  not  have  complied  with  the  requirements  of  this  act,  shall  be  imprisoned 
in  the  county  jail  not  more  than  thirty  days,  or  fined  not  less  than  five  dollars  or 
more  than  one  hundred  dollars  ($100)  or  both,  in  the  discretion  of  the  court. 

§  17.  [Religious  preference.]  The  court  in  committing  children  shall  place  them, 
so  far  as  practicable,  in  the  care  and  custody  of  some  individual  holding  the  same 


254  REPORT  OF  THE  PROBATION   COMMISSION. 

religious  belief  as  the  parents  of  said  child,  or  with  some  association  which  is  con- 
trolled by  persons  of  like  religious  faith  to  the  parents  of  the  said  child. 

§  18.  [Industrial  and  training  schools  not  affected.]  Nothing  in  this  act  shall  be 
construed  to  repeal  any  portion  of  the  acts  relating  to  the  Boys'  Industrial  School  at 
Lancaster  or  the  Girls'  Industrial  Home  at  Delaware 

§  19.  [Construction  of  the  act.]  This  act  shall  be  liberally  construed  to  the  end 
that  its  purpose  may  be  carried  out  to  wit :  That  the  care,  custody  and  discipline  of 
a  child  shall  approximate  as  nearly  as  may  be,  that  which  should  be  given  by  its 
parents,  and  in  all  cases  where  it  can  properly  be  done,  the  child  be  placed  in  an 
approved  family  home,  and  become  a  member  of  the  family  by  legal  adoption,  or 
otherwise. 

§  21.  In  any  case  in  which  the  court  shall  find  a  child  neglected,  dependent  or 
delinquent,  it  may,  in  the  same  or  subsequent  proceeding  upon  the  parents  of  said 
child,  or  either  of  them,  being  duly  summoned  or  voluntarily  appearing,  proceed  to 
inquire  into  the  ability  of  such  parent  or  parents,  to  support  the  child  or  to  contri- 
bute to  its  support,  and  if  the  court  shall  find  such  parent,  or  parents,  able  to  support 
the  child,  or  contribute  thereto,  the  court  may  enter  such  order  or  decree,  relating  to 
such  report  [support]  as  the  equity  of  the  case  demands,  and  if  the  decree  of  the 
court  be  that  any  such  parent  discipline  and  control  a  delinquent  child,  then  the 
court  may  enforce  such  order  by  fine  imposed  on  any  such  parent,  not  to  exceed,  for 
the  first  offense,  twenty-five  dollars  ($25)  and  for  each  subsequent  offense  one  hun- 
dred dollars  ($100.) 

§  22.  Nothing  herein  shall  be  taken  or  held  to  repeal  or  affect  the  provisions  of 
an  act  entitled  "  An  act  to  establish  a  juvenile  court  in  certain  counties,  and  to 
regulate  the  control  of  delinquent  and  neglected  children,"  passed  April  18,  1902, 
(95  O.  L.  785). 

Cuyahoga  County  Juvenile  Court  and  Probation  System. 

Page   621,   April   23,    1904  :    amdg.    1902,   p.    785. 

AN  ACT  to  amend  sections  1,  2,  5  and  11  of  an  act  passed  April  18,  1902,  entitled 
"An  act  to  establish  a  juvenile  court  in  certain  counties,  and  to  regulate  the 
control  of  delinquent  and  neglected  children." 

Section  1.  That  sections  1,  2,  5  and  11  of  an  act  entitled  "An  act  to  establish  a 
juvenile  court  in  certain  counties,  and  to  regulate  the  control  of  delinquent  and 
neglected  children,"  passed  April  18,  1902  be,  and  the  same  are  hereby  amended  to 
read  as  follows  : 

Section  1.  In  all  counties  containing  by  the  federal,  census  of  1900  a  city  having  a 
population  of  more  than  380,000,  and  also  containing  a  court  of  insolvency,  said 
court  of  insolvency,  in  addition  to  the  jurisdiction  now  conferred  on  it,  shall  have 
original  jurisdiction  of  all  cases  coming  unde'r  the  provisions  of  this  act,  and  the 
judges  of  such  courts  of  insolvency  shall  each  receive  the  sum  of  $1,000  a  year  as 
judge  of  the  juvenile  court,  in  addition  to  the  salary  now  provided  for  them  by  law 
as  judge  of  the  court  of  insolvency,  said  sum  to  be  paid  out  of  the  county  treasury 
in  which  said  court  is  located. 

The  findings  of  the  court  in  all  cases  under  this  act  shall  be  recorded  in  a  separate 
book  to  be  known  as  the  "  juvenile  record,"  and  this  court  may  also,  for  convenience, 
be  called  the  "  juvenile  court."  In  all  trials  under  this  act  any  person  interested 
therein  may  demand  a  jury  of  six,  or  the  judge  of  said  court  may  of  his  own  motion 
order  a  jury  of  the  same  number  to  try  a  case  pending  before  him. 

§  2.  This  act  shall  apply  only  to  children  under  the  age  of  sixteen  years  not 
now  or  hereafter  inmates  of  a  state  institution  or  any  industrial  school  for  boys  or 
industrial  home  for  girls,  or  some  institution  incorporated  under  the  laws  of  this  state, 
provided,  however,  that  when  any  child  under  the  age  of  sixteen  years  shall,  under 
the  provisions  of  this  act,  come  into  the  custody  of  the  juvenile  court,  such  child 
shall  continue  for  all  necessary  purposes  of  discipline  a  ward  of  such  court  until, 
if  said  child  be  a  boy,  he  shall  attain  the  age  of  twenty-one  years,  and  if  such  child 
be  a  girl,  until  she  shall  have  attained  the  age  of  eighteen  years,  and  the  power  of 
said  court  upon  any  such  child  so  brought  under  its  jurisdiction  prior  to  its  attaining 
the  age  of  sixteen  years,  shall  be  a  continuing  power  until  said  child  attains  the 
ages  hereinbefore  specified.  For  the  purpose  of  this  act  the  words  "  neglected  child," 
shall  mean  any  child  who  for  any  reason  is  destitute  or  homeless  or  abandoned  ;  or 


REPORT  OF  THE  PROBATION  COMMISSION.  255 

dependent  upon  the  public  for  support;  or  has  not  proper  (parental)  paternal  care 
or  guardianship  ;  or  who  habitually  begs  or  receives  alms  ;  or  who  is  found  living  in 
any  house  of  ill-fame  or  with  any  vicious  or  disreputable  persons,  or  whose  home, 
by  reason  of  neglect,  cruelty  or  depravity  on  the  part  of  its  parents,  guardian  or  other, 
person  in  whose  care  it  may  be,  is  an  unfit  place  for  such  child  ;  and  any  child  under 
the  age  of  ten  years,  who  is  found  begging,  peddling  or  selling  any  article,  or  sing- 
ing or  playing  any  musical  instrument  upon  the  street,  or  giving  any  public  enter- 
tainment, or  who  accompanies  or  is  used  in  the  aid  of  any  person  so  doing.  The 
words  "  delinquent  child "  shall  include  any  child  under  the  age  of  sixteen  years 
who  violates  any  law  of  this  state  or  any  city  or  village  ordinance  ;  or  who  is  incor- 
rigible ;  or  who  knowingly  associates  with  thieves,  vicious  or  immoral  persons ;  or 
who  is  growing  up  in  idleness  or  crime ;  who  knowingly  frequents  a  house  of  ill-fame  ; 
or  who  knowingly  patronizes  any  policy  shop  or  place  where  any  gaming  device  is  or 
shall  be  operated.  The  word  "  child  "  or  "  children  "  may  mean  one  or  more  children, 
and  the  word  "  parent  "  or  "  parents  "  may  be  held  to  mean  one  or  both  parents, 
when  consistent  with  the  intent  of  this  act. 

§  5.  The  court  shall  have  authority  to  appoint  one  discreet  person  of  good  char- 
acter to  serve  as  chief  probation  officer  during  the  pleasure  of  the  court,  said  chief 
probation  officer  to  receive  a  salary  of  $1,800  per  annum,  and  one  assistant  probation 
officer  who  shall  also  be  interpreter  in  the  juvenile  court,  to  receive  a  salary  of 
$1,000  per  annum,  payable  out  of  the  county  treasury ;  and  in  addition  thereto  the 
court  shall  have  authority  to  appoint  or  designate  one  or  more  discreet  persons  of 
good  character  to  .serve  as  probation  officers  during  the.  pleasure  of  the  court,  said 
probation  officers  other  than  the  chief  probation  officer  to  receive  no  compensation 
from  the  public  treasury.  It  shall  be  the  duty  of  the  chief  probation  officer  to  make 
such  investigations  as  may  be  required  by  the  court ;  to  be  present  in  court  in  order 
to  represent  the  interests  of  children  when  their  cases  are  heard ;  to  furnish  the 
court  such  information  and  assistance  as  the  judge  may  require  ;  to  superintend  the 
work  of  all  other  probation  officers ;  to  have  such  charge  of  all  children  before  and 
after  trial  as  the  court  may  direct. 

§  11.  In  any  case  in  which  the  court  shall  find  a  child  neglected,  dependent  or 
delinquent,  it  may,  in  the  same  or  subsequent  proceedings,  upon  the  parents  of  said 
child,  or  either  of  them,  being  duly  summoned  or  voluntarily  appearing,  proceed  to 
inquire  into  the  ability  of  such  parent  or  parents  to  support  the  child  or  contribute 
to  its  support,  and  likewise  into  the  fault  or  neglect  of  any  such  parent  properly  to 
discipline  and  control  such  child,  and  if  the  court  shall  find  such  parent  or  parents 
able  to  support  the  child  or  contribute  thereto,  or  negligent  in  the  matter  of  discipli- 
ning and  controlling  the  delinquent  child,  the  court  may  enter  such  order  or  decree 
as  shall  be  according  to  equity  in  the  premises,  and  if  such  order  be  an  order  that 
such  parents  support  or  contribute  to  the  support  of  such  child,  the  same  may  be 
enforced  by  execution  or  in  any  way  in  which  a  court  of  equity  may  enforce  its 
orders  or  decrees,  and  if  the  decree  of  the  court  be  that  any  such  parent  discipline 
and  control  a  delinquent  child,  then  the  court  may  enforce  such  order  by  fine  imposed 
upon  any  such  parent  not  to  exceed  for  the  first  offense  $25  and  for  all  subsequent 
offenses  $100. 

OREGON. 

Juvenile  Courts  and  Probation  System. 

Chapter  80,  Feb.   15,   1905. 

AN  ACT  to  define  and  to  regulate  the  treatment  and  control  of  dependent,  neglected 
and  delinquent  children  ;  to  provide  for  their  disposition,  care,  education,  protec- 
tion, support,  maintenance  and  punishment,  for  their  guardianship  and  adoption  ; 
to  prescribe  the  powers  and  duties  of  courts  with  respect  thereto ;  to  establish 
juvenile  courts  in  judicial  districts  containing  one  hundred  thousand  or  more 
inhabitants,  and  to  prescribe  their  jurisdiction  and  powers  and  the  procedure 
therein  ;  to  provide  for  the  appointment  of  probation  officers  by  such  courts,  and 
to  prescribe  their  duties  and  powers ;  to  provide  for  the  separation  of  children 
from  adults  when  confined  in  jails  or  other  institutions ;  to  provide  for  the 
supervision  and  control  of  corporations,  institutions,  societies  and  associations 
receiving  children  under  this  act ;  and  to  declare  an  emergency. 

Section  1.  [Definition.]  This  act  shall  apply  only  to  children  under  the  age  of  six- 
teen years  (16)  years.  For  the  purpose  of  this  act  the  words  "dependent  child"  shall 


256  REPORT  OF  THE  PROBATION  COMMISSION. 

mean  any  child  who  for  any  reason  is  destitute  or  homeless  or  abandoned,  or  depen- 
dent upon  tie  public  for  support,  or  has  not  proper  parental  care  or  guardianship, 
or  who  is  found  begging  or  receiving  or  gathering  alms  (whether  actually  begging  or 
under  the  pretext  of  selling  or  offering  for  sale  anything),  or  being  in  any  street, 
road  or  public  place  for  the  purpose  of  so  begging,  gathering  or  receiving  alms,  or 
who  is  found  living  in  any  disorderly  house,  bawdy  house,  or  house  of  ill-fame,  or 
with  any  vicious  or  disreputable  persons,  or  whose  home,  by  reason  of  neglect,  cruelty 
or  depravity  on  the  part  of  its  parents,  guardian  or  other  person  in  whose  care  it 
may  be,  is  an  unfit  place  for  such  child,  and  any  child  under  the  age  of  twelve  (12) 
years  who  is  found  begging,  peddling  or  selling  any  article,  or  singing  or  playing  any 
musical  instrument  upon  the  street,  or  giving  any  public  entertainment,  or  who 
accompanies  or  is  used  in  aid  of  any  person  so  doing.  The  words  "  delinquent  child  " 
shall  include  any  child  under  the  age  of  sixteen  (16)  years  who  violates  any  law  of 
this  state  or  any  city  or  village  ordinance,  or  who  is  incorrigible,  or  who  is  a  persistent 
truant  from  school,  or  who  associates  with  criminals  or  reputed  criminals,  or  vicious 
or  immoral  persons,  or  who  is  growing  up  in  idleness  or  crime,  or  who  frequents, 
visits,  or  is  found  in  any  disorderly  house,  bawdy  house  or  house  of  ill-fame,  or  any 
house  or  place  where  fornication  is  enacted,  or  in  any  saloon,  barroom  or  drinking 
shop  or  place,  or  any  place  where  spirituous  liquors,  or  wine,  or  intoxicating  or  malt 
liquors  are  sold  at  retail,  exchanged,  or  given  away,  or  who  patronizes,  frequents, 
visits,  or  is  found  in  any  gaming  house,  or  in  any  place  where  any  gaining 
device  is  or  shall  be  operated.  The  word  "  child  "  or  "  children  "  may  be  held  to 
mean  one  or  more  children,  and  the  word  "  parent  "  or  "  parents  "  may  be  held  to 
mean  one  or  both  parents,  when  consistent  with  the  intent  of  this  act.  The  word 
"  association  "  shall  include  any  corporation  which  includes  in  its  purpose  the  care 
or  disposition  of  children  coming  within  the  meaning  of  this  act. 

§  2.  [Jurisdiction.]  The  circuit  courts  of  the  several  judicial  districts  in  this  state, 
to  which  this  act  applies,  shall  have  original  jurisdiction  in  all  cases  coming  within 
the  terms  of  thiF  act.  In  all  trials  under  this  act  any  person  interested  therein 
may  demand  a  jury  of  six,  or  the  judge  of  his  own  motion  may  order  a  jury  of  six 
to  try  the  case. 

§  3.  [Juvenile  court.]  The  judges  of  the  circuit  court  in  each  judicial  district  con- 
taining one  hundred  thousand  or  more  inhabitants  shall,  at  such  times  as  they  shall 
determine,  designate  one  or  more  of  their  number,  whose  duty  it  shall  be  to  hear  all 
cases  coining  under  this  act.  All  cases  coming  under  the  provisions  of  this  act  shall 
be  heard  at  a  special  session  of  the  court,  and  no  matter  other  than  cases  under  this 
act  shall  be  on  the  calendar,  or  shall  be  heard  at  such  session,  nor  shall  there  be 
permitted  to  be  present  at  such  special  session  any  person  on  trial,  or  awaiting  trial, 
who  does  not  come  under  the  provisions  of  this  act.  The  finding  of  the  court  shall 
be  entered  in  a  book  or  books  to  be  kept  for  that  purpose,  and  known  as  the  "  juvenile 
record  "  and  the  court  may  for  convenience  be  called  the  "  juvenile  court." 

§  4.  [Petition  to  the  court.]  Any  reputable  person  being  a  resident  of  the  county, 
having  knowledge  cf  a  child  in  his  county  who  appears  to  be  either  dependent  or 
delinquent,  may  file  with  the  clerk  of  a  court  having  jurisdiction  in  the  matter  a 
petition  in  writing,  setting  forth  the  facts  verified  by  affidavit.  It  shall  be  sufficient 
that  the  affidavit  is  upon  information  and  belief. 

§  5.  [Citation.]  Upon  the  filing  of  a  petition  a  citation  or  notice  shall  issue  ie- 
quiring  the  person  having  custody  or  control  of  the  child  or  with  whom  the  child 
may  be,  to  appear  with  the  child  at  a  place  and  time  stated  in  the  citation  or  notice, 
which  time  shall  not  be  less  than  twenty-four  hours  after  service.  The  parents  of  the 
child,  if  living,  ana  their  residence,  if  known,  or  its  legal  guardian,  if  one  there  be,  or 
if  thf;re  is  neither  parent  nor  guardian  or  if  his  or  her  residence  is  not  known,  then 
some  relative,  if  there  be  one  and  his  residence  is  known,  shall  be  notified  of  the 
proceedings  and  in  any  case  the  judge  may  appoint  some  suitable  person  to  ^ct  in 
behalf  of  the  child.  If  the  person  summoned  as  herein  provided  shall  fail  without 
reasonable  cause  to  appear  and  abide  the  order  of  the  court,  or  bring  the  child,  he 
may  be  proceeded  against  as  in  the  case  of  contempt  of  court.  In  case  the  citation 
can  not  be  served  or  the  party  served  fails  to  obey  the  same,  and  in  any  case  when 
it  shall  be  made  to  appear  to  the  court  that  such  citation  or  notice  will  be  ineffectual, 
a  warrant  may  issue  on  the  order  of  the  court,  either  against  the  parent  or  guardian 
or  the  person  having  custody  of  the  child  or  with  whom  the  child  may  be  or  against 
the  child  itself.  On  the  return  of  the  citation  or  notice  or  other  process,  or  as  soon 
thereafter  as  may  be,  the  court  shall  proceed  to  hear  and  dispose  of  the  case  in  a 


REPORT  OF  THE  PROBATION  COMMISSION.  257 

summary  manner.  Pending  the  final  disposition  of  any  case,  the  child  may  be 
retained  in  possession  of  the  person  having  the  charge  of  the  same,  or  may  be  kept 
in  some  suitable  place  provided  by  the  city  or  county  authorities,  or  may  be  held 
otherwise,  as  the  court  may  direct. 

§  6.  The  circuit  courts  of  the  several  judicial  districts  to  which  this  act  applies 
shall  have  authority  to  appoint  or  designate  one  or  more  discreet  persons  of  good 
moral  character,  of  either  sex,  to  serve  as  probation  officers,  during  the  pleasure  of 
the  court  making  the  appointment,  said  probation  officers  to  receive  no  compensation 
from  the  public  treasury.  When  more  than  one  probation  officer  is  appointed,  the 
court  may  designate  one  of  the  probation  officers  as  chief  probation  officer  and  the 
others  as  deputy  probation  officers,  and  it  shall  be  the  duty  of  the  chief  probation 
officer  to  see  that  the  deputies  properly  perform  their  duties.  In  case  a  probation 
officer  be  appointed  by  the  court  it  shall  be  the  duty  of  the  clerk  of  the  court,  if 
practicable,  to  notify  the  said  probation  officer  when  any  child  is  to  be  brought  before 
the  court ;  it  shall  be  the  duty  of  such  probation  officer  to  make  investigation  of 
such  case,  to  be  present  in  court  to  represent  the  interests  of  the  child  when  the  case 
is  heard,  to  furnish  to  the  court  such  information  and  assistance  as  the  court  or 
judge  may  require,  and  to  take  charge  of  any  child  before  and  after  the  trial  as  may 
be  directed  by  the  court.  A  probation  officer  or  deputy  probation  officer  under  this 
act  shall  have  as  to  any  child  committed  to  his  care  the  power  of  a  peace  officer. 
At  any  time  in  his  own  discretion  such  officer  may  bring  such  child  before  the  court 
committing  such  child  to  his  care  and  custody,  for  such  further  or  other  action  as  the 
court  may  see  fit. 

§  7.  [Dependent  Children.]  When  any  child  under  the  age  of  sixteen  (16)  years 
shall  be  found  to  be  dependent  or  neglected,  within  the  meaning  of  this  act,  the  court 
may  make  an  order  committing  the  child  to  the  care  of  some  suitable  state  institution, 
or  to  the  care  af  some  reputable  citizen  of  good  moral  character,  or  to  the  care  of 
some  institution  as  may  be  provided  by  law,  or  to  the  care  of  seme  suitable  associa- 
tion willing  to  receive  it,  embracing  in  its  objects  the  purpose  of  caring  or  obtaining 
homes  for  dependent  or  neglected  children.  The  court  may  thereafter  set  aside, 
change,  or  modify  such  order.  The  court  may,  when  the  health  or  condition  of  the 
child  shall  require  it,  cause  the  child  to  be  placed  in  a  public  hospital  or  institution 
for  treatment  or  special  care,  in  a  private  hospital  or  institution  which  will  receive 
it  for  like  purpose  without  charge. 

§  8.  [Guardianship.]  In  any  case  where  the  court  shall  award  a  child  to  the  care 
of  any  association  or  individual  in  accordance  with  the  provisions  of  this  act,  the 
child  shall,  unless  otherwise  ordered,  become  a  ward,  and  be  subject  to  the  guardian- 
ship of  the  association  or  individual  to  whose  care  it  is  committed.  Such  association 
or  individual  shall  have  authority  to  place  such  child  in  a  family  home,  with  or 
without  indenture,  and  may  be  made  party  to  any  proceeding  for  the  legal  adoption 
of  the  child,  and  may  by  its  or  his  attorney  or  agent  appear  in  any  court  wher» 
such  proceedings  are  pending  and  assent  to  such  adoption.  And  such  assent  shall 
be  sufficient  to  authorize  the  court  to  enter  the  proper  order  or  decree  of  adoption. 
Such  guardianship  shall  not  include  the  guardianship  of  any  estate  of  the  child. 

§  9.  [Disposition  of  delinquent  children.]  In  the  case  of  a  delinquent  child  the 
court  may  continue  the  hearing  from  time  to  time,  and  may  commit  the  child  to  the 
care  or  custody  of  a  probation  officer,  and  may  allow  such  child  to  remain  in  its 
own  home,  subject  to  the  visitation  of  the  probation  officer,  such  child  to  report 
to  the  probation  officer  as  often  as  may  be  required,  and  subject  to  be  returned  to  the 
court  for  further  or  other  proceedings  whenever  such  action  may  appear  to  be  neces- 
sary ;  or  the  court  may  cause  the  child  to  be  placed  in  a  suitable  family  home, 
subject  to  the  friendly  supervision  of  a  probation  officer  and  the  further  order  of  the 
court ;  or  it  may  authorize  the  child  to  be  boarded  out  in  some  suitable  family  home, 
in  case  provision  is  made  by  voluntary  contribution  or  otherwise  for  the  payment  of 
the  board  of  such  child  until  a  suitable  provision  may  be  made  for  the  child  in  a 
home  without  such  payment ;  or  the  court  may  commit  the  child  to  any  institution 
incorporated  under  the  laws  of  this  state,  that  may  care  for  delinquent  children, 
or  be  provided  by  a  city  or  county,  suitable  for  the  care  of  such  children,  or  to  any 
state  institution  which  may  be  established  for  the  care  of  delinquent  children.  Tha 
court  may  thereafter  set  aside,  change,  or  modify  such  order.  In  no  case  shall  a 
child  be  committed  beyond  his  or  her  minority.  A  child  committed  to  such  an  insti- 
tution shall  be  subject  to  the  control  of  the  board  of  managers  thereof ;  and  the 

17 


258  KEPORT  OP  THE  PROBATION  COMMISSION. 

court  shall,  on  the  recommendation  of  the  board,  have  power  to  discharge  such  child 
from  custody  whenever,  in  the  judgment  of  the  court  his  or  her  reformation  is  com- 
plete ;  or  the  court  may  commit  the  child  to  the  care  and  custody  of  some  suitable 
association  that  will  receive  it  embracing  in  its  objects  the  care  of  neglected  or 
dependent  children.  Any  child  who  shall  have  committed  a  misdemeanor  or  felony, 
and  shall  have  been  found  by  the  court  to  be  a  delinquent  child  within  the  meaning 
of  this  act  and  committed  hereunder,  and  who  shall  thereafter  be  found  by  the  court 
to  be  incorrigible  and  incapable  of  reformation,  or  dangerous  to  the  welfare  of  the 
community,  may,  in  the  discretion  of  the  court,  be  remanded  to  the  proper  court  of  the 
county  in  which  such  crime  was  committed  and  be  proceeded  against  and  tried  for 
such  crime,  and,  if  found  guilty  of  the  commission  thereof,  be  subject  to  judgment 
therefor  in  the  same  manner  as  if  he  had  been  over  the  age  of  sixteen  (16)  years, 
when  such  crime  was  committed. 

§  10.  [Transfer  from  justices  and  police  magistrates.]  When  a  child  under  the  age 
of  sixteen  (16)  years  is  arrested  with  or  without  warrant,  such  a  child  may,  instead 
of  being  taken  before  a  justice  of  the  peace,  or  police  magistrate,  be  taken  directly 
before  such  court ;  or  if  the  child  is  taken  before  a  justice  of  the  peace  or  police 
magistrate,  it  shall  be  the  duty  of  such  justice  of  the  peace  or  police  magistrate, 
to  transfer  the  case  to  such  court,  and  the  officer  having  the  child  in  charge  to  take 
the  child  before  that  court,  and  in  any  case  the  court  may  proceed  to  hear  and  dis- 
pose of  the  case  in  the  same  manner  as  if  the  child  had  been  brought  before  the 
court  upon  petition,  as  herein  provided.  In  any  case  the  court  shall  require  notice 
to  be  given  and  investigation  to  be  made  as  in  other  cases  under  this  act,  and  may 
adjourn  the  hearing  from  time  to  time  for  the  purpose. 

§  11.  [Children  under  twelve  years  not  to  be  committed  to  jail.]  No  court  or 
magistrate  shall  commit  a  child  under  twelve  (12)  years  of  age  to  a  jail  or  police 
station,  but  if  such  a  child  is  unable  to  give  bail  it  may  be  committed  to  the  care 
of  the  sheriff,  police  officer,  or  probation  officer,  who  shall  keep  such  child  in  some 
suitable  place  provided  by  the  city  or  county  outside  of  the  enclosure  of  any  jail 
or  police  station,  or  it  may  be  held  otherwise,  as  the  court  may  direct.  When  any 
such  child  shall  be  sentenced  to  confinement  in  any  institution  in  which  adult  con- 
victs are  sentenced,  it  shall  be  unlawful  to  confine  such  child  in  the  same  building 
with  such  adult  convicts,  or  to  confine  such  child  in  the  same  yard  or  enclosure  with 
such  adult  convicts,  or  to  bring  such  child  into  any  yard  or  building  in  which  adult 
convicts  may  be  present. 

§  12.  The  court  may,  at  any  time,  require  from  any  association  receiving  or  desir- 
ing to  receive  children  under  the  provisions  of  this  act,  such  reports,  information 
and  statements  as  the  judge  shall  deem  proper  or  necessary  for  his  action, 
and  the  court  shall  in  no  case  be  required  to  commit  a  child  to  any  association  whose 
standing,  conduct  or  care  of  children,  or  ability  to  care  for  the  same,  is  not  sat- 
isfactory to  the  court. 

§  13.  [Surrender  of  dependent  children — Adoption.]  It  shall  be  lawful  for  the 
parents,  parent,  guardian  or  other  person  having  the  right  to  dispose  of  a  dependent 
or  neglected  child  to  enter  into  an  agreement  with  any  association  or  institution  in- 
corporated under  any  public  or  private  law  of  this  state  for  the  purpose  of  aiding, 
caring  for  or  placing  in  home  such  children,  for  the  surrender  of  such  child  to  such 
association  or  institution  to  be  taken  and  cared  for  by  such  association 
or  institution  or  put  into  a  family  home.  Such  agreement  may  contain  any 
and  all  proper  stipulations  to  that  end,  and  may  authorize  the  association  or  in- 
stitution, by  its  attorney  or  agent,  to  appear  in  any  proceeding  for  the  legal  adoption 
of  such  child,  and  consent  to  its  adoption,  and  the  order  of  the  court,  made  upon  such 
consent,  shall  be  binding  upon  the  child  and  its  parents  or  guardian  or  other  person 
the  same  as  if  such  person  were  personally  in  court  and  consented  thereto,  whether 
made  party  to  the  proceeding  or  not. 

§  14.  [County  Board  of  Visitors.]  The  county  judge  of  each  county  may  appoint  a 
board  of  six  reputable  inhabitants,  who  will  serve  without  compensation,  to  con- 
stitute a  board  of  visitation,  whose  duty  it  shall  be  to  visit,  as  often  as  once  a 
year,  all  institutions,  societies,  and  associations  receiving  children  under  this  act ; 
said  visits  shall  be  made  by  not  less  than  two  of  the  members  of  the  board,  who  shall 
go  together  or  make  a  joint  report ;  the  said  board  ef  visitors  shall  report  to  the 
court,  from  time  to  time,  the  condition  of  children  received  by  or  in  charge  of  such 
associations  and  institutions,  and  shall  make  an  annual  report  to  the  court  in  such  form 


REPORT  OF  THE  PROBATION  COMMISSION.  259 

as  the  court  may  prescribe.  The  county  board  may,  at  their  discretion,  make  appro- 
priations for  the  payment  of  the  actual  and  necessary  expenses  incurred  by  the 
visitors  in  the  discharge  of  their  official  duties. 

§  15.  [Criminal  and  other  laws  not  affected.]  Nothing  in  this  act  shall  be  con- 
strued to  repeal  any  portion  of  the  criminal  law  of  this  state,  nor  of  any  law  con- 
cerning or  affecting  minors,  except  such  portions  thereof  as  are  in  conflict  with  the 
provisions  of  this  act  concerning  the  jurisdiction  of  the  courts  in  this  state  over 
children  coming  within  the  meaning  of  this  act,  and  all  such  portions  thereof  are 
hereby  repealed.  And  in  all  commitments  to  institutions,  acts  in  reference  to  said 
institutions  shall  govern  the  same. 

§  16.  In  any  case  in  which  the  court  shall  find  a  child  neglected,  dependent  or 
delinquent,  it  may,  in  the  same  or  subsequent  proceeding,  upon  the  parents  of  said 
child  or  either  of  them,  being  duly  summoned  or  voluntarily  appearing,  proceed 
to  inquire  into  the  ability  of  such  parent  or  parents  to  support  the  child  or  con- 
tribute to  its  support,  and  if  the  court  shall  find  such  parent  or  parents  able  to 
support  the  child  or  contribute  thereto,  the  court  may  enter  such  order  or  decree  as 
shall  be  according  to  equity  in  the  premises,  and  may  enforce  the  same  by  execu- 
tion, or  in  any  way  in  which  a  court  of  equity  may  enforce  its  orders  or  decrees. 

§  17.  [Construction  of  the  act.]  This  act  shall  be  liberally  construed  to  the  end  that 
its  purpose  may  be  carried  out,  to  wit :  That  the  care,  custody,  and  discipline  of  a 
child  shall  approximate,  as  nearly  as  may  be,  that  which  should  be  given  by  its 
parents,  and  in  all  cases  where  it  can  properly  be  done,  the  child  to  be  placed  in  an 
approved  family  home,  and  become  a  member  of  the  family  by  legal  adoption  or  other- 
wise. 

Adult  Delinquency. 
Chapter  171,  Feb.    21,   1905. 

AN  ACT  to  provide  for  the  punishment  of  persons  responsible  for,  or  contributing  to 
the  delinquency  of  children,  and  to  declare  what  children  shall  be  regarded 
as  delinquent,  and  to  give  justices  of  the  peace  jurisdiction  under  this  act. 

Section  1.  In  all  cases  where  any  child  shall  be  a  delinquent  child  or  juvenile  delin- 
quent person  as  defined  by  any  statute  of  this  state,  the  parent  or  parents,  legal 
guardian,  or  person  haying  the  custody  of  such  child,  or  any  other  person  responsible 
for,  or  by  any  act  encouraging,  causing  or  contributing  to  the  delinquency  of  such 
child,  shall  be  guilty  of  a  misdemeanor,  and  upon  trial  and  conviction  thereof  shall 
be  fined  in  a  sum  not  to  exceed  $1,000  or  imprisoned  in  the  county  jail  for  a 
period  not  exceeding  one  year,  or  by  both  such  fine  and  imprisonment.  The  court 
may  impose  conditions  upon  any  person  found  guilty  under  this  act,  and  so  long 
as  this  person  shall  comply  therewith  to  the  satisfaction  of  the  court  the  sentence 
imposed  may  be  suspended. 

§  2.  The  words  "  delinquent  child  "  shall  include  any  child  under  the  age  of  sixteen 
(16)  years  who  violates  any  law  of  this  state,  or  any  city  or  village  ordinance; 
or  who  is  incorrigible ;  or  who  is  a  persistent  truant  from  school ;  or  who  associates 
with  criminals  or  reputed  criminals  or  vicious  or  immoral  persons,  or  who  is  grow- 
ing up  in  idleness  or  crime ;  or  who  frequents,  visits  or  is  found  in  any  disorderly 
house,  bawdy  house  or  house  of  ill-fame,  or  any  house  or  place  where  fornication 
is  enacted,  or  in  any  saloon,  barroom  or  drinking  shop  or  place,  or  any  place  where 
spirituous  liquors  or  wines  or  intoxicating  or  malt  liquors  are  sold  at  retail,  exchanged 
or  given  away ;  or  who  patronizes,  frequents,  visits,  or  is  found  in  any  gaming 
house,  or  in  any  place  where  any  gaming  device  is  or  shall  be  operated.  The  word 
"child"  or  "children"  may  mean  one  or  more  children,  and  the  word  "parent"  or 
"parents"  may  be  held  to  mean  one  or  both  parents,  when  consistent  with  the  intent 
of  this  act. 

§  3.  Justices  of  the  peace  shall  have  concurrent  jurisdiction  with  the  circuit  court 
in  all  prosecutions  under  this  act. 


260  REPORT  OF  THE  PROBATION  COMMISSION. 

PENNSYLVANIA. 
Juvenile  Courts  and  Probation  System. 

Chapter  185,  May  21,   1901 :   declared  unconstitutional  and  reenacted   in  1903   as  five 

separate    acts. 

AN  ACT  to  regulate  the  treatment  and  control  of  dependent,  neglected  and  delin- 
quent children,  under  the  age  of  sixteen  years ;  providing  for  the  establishment 
of  juvenile  courts  ;  regulating  the  practice  before  such  courts  ;  providing  for  the  ap- 
pointment of  probation  officers ;  prohibiting  the  commitment  to  jail  or  police 
station  of  a  child  under  fourteen  years  of  age ;  providing  for  the  appointment, 
compensation  and  duties  of  agents  of  juvenile  reformatories ;  imposing  certain 
duties  upon  the  Board  of  Public  Charities  of  this  state ;  regulating  the  in- 
corporation of  associations  for  the  »care  of  dependent,  neglected,  or  delinquent 
children  ;  prohibiting  foreign  associations  from  placing  children  in  homes  in  this 
state  for  adoption,  or  under  indenture,  except  under  certain  conditions  ;  providing 
for  the  appointment  of  a  board  of  visitors,  and  repealing  acts  and  parts  of 
acts  inconsistent  with  the  provisions  of  this  act. 

Section  1.  Be  it  enacted,  &c.,  That  this  act  shall  apply  only  to  children  under  the 
age  of  sixteen  years,  not  now  or  hereafter  inmates  of  a  state  institution  or  any 
training  school  for  boys  or  industrial  school  for  girls,  or  some  institution  incor- 
porated under  the  laws  of  this  state,  except  as  provided  in  sections  twelve  (12)  and 
eighteen  (18).  For  the  purpose  of  this  act  the  words  "dependent  child"  and 
"neglected  child"  shall  mean  any  child  who,  for  any  reason,  is  destitute  or  homeless 
or  abandoned,  or  dependent  upon  the  public  for  support,  or  has  not  the  proper 
parental  care  or  guardianship,  or  who  habitually  begs  or  receives  alms,  or  who  is 
found  living  in  any  house  of  ill-fame  or  with  any  vicious  or  disreputable  person  ; 
or  whose  home,  by  reason  of  neglect,  cruelty  or  depravity  on  the  part  of  its  parents, 
guardian  or  other  person  in  whose  care  it  may  be,  is  an  unfit  place  for  such  a  child ; 
and  any  child  under  the  age  of  eight  years,  who  is  found  peddling  or  selling  any 
article,  or  singing,  or  playing  any  musical  instrument  upon  the  street,  or  giving  any 
public  entertainment.  The  words  "delinquent  child"  shall  include  any  child  under  the 
age  of  sixteen  years,  who  violates  any  law  of  this  state  or  any  city  or.  borough 
ordinance.  The  word  "child"  or  "children"  may  mean  one  or  more  children,  and 
the  vorci  "parent"  or  "parents"  may  be  held  to  mean  one  or  both  parents,  when 
consistent  with  tho  intent  of  this  act.  The  word  "association"  shall  include  any 
corporation  which  includes  in  its  purposes  the  care  or  disposition  of  children, 
coming  within  the  meaning  of  this  act. 

§  2.  The  courts  of  ever  and  terminer  and  general  jail  delivery  and  the  courts  of 
quarter  sessions  of  the  peace  of  the  several  counties  in  this  state  shall  have  original 
jurisdiction  in  all  cases  coming  within  the  terms  of  this  act.  In  all  trials  under 
this  act  any  person  interested  therein  may  demand  a  jury  of  twelve  (12)  men,  or  the 
judge,  of  his  own  motion,  may  order  a  jury  of  the  same  number  to  try  the  case. 

§  3.  The  judges  of  the  courts  of  oyer  and  terminer  and  general  jail  delivery  and 
the  courts  of  quarter  sessions  of  the  peace  of  the  several  judicial  districts  of  this 
state  shall,  at  such  times  as  they  shall  determine,  designate  one  or  more  of  their 
number,  whose  duty  it  shall  be  to  hear  all  cases  coming  under  this  act.  A  special 
court  room,  to  be  designated  as  the  juvenile  court  room,  shall  be  provided  for  the 
hearing  of  such  esses;  and  the  findings  of  the  court  shall  be  entered  in  a  book  or 
books  to  be  kept  for  that  purpose  and  known  as  the  "juvenile  record,"  and  the 
court  may  for  convenience  be  called  the  "  juvenile  court  "  :  Provided,  however,  That  all 
jurors  required  for  the  trial  of  cases  in  said  juvenile  court  shall  be  drawn  from 
the  panel  or  panels  summoned  for  duty  in  the  courts  of  oyer  and  terminer  and 
general  jail  delivery  and  quarter  sessions  of  the  peace  :  And  provided  further,  That 
in  all  cases  of  riot,  conspiracy,  and  the  like,  where  two  or  more  persons  are 
charged  with  the  commission  of  the  joint  offense,  and  one  or  more  of  the  persons  so 
charged  shall  be  under  the  age  of  sixteen  years,  it  shall  not  be  necessary  to  hold 
the  trial  of  such  case  or  cases  in  the  said  juvenile  court,  but  the  trial  of  such  offenders 
shall  be  conducted  as  heretofore,  anything  in  this  act  to  the  contrary  notwith- 
standing. 

§  4.  Any  reputable  person  being  a  resident  in  the  county,  having  knowledge  of  a 
child  in  his  county  who  appears  either  to  be  neglected,  dependent  or  delinquent, 
may  file  with  the  clerk  of  the  court  having  jurisdiction  in  the  matter  a  petition  in 


REPORT  OF  THE  PROBATION  COMMISSION.  261 

\ 

writing,  setting  forth  the  facts,  verified  by  affidavit.  It  shall  be  sufficient  that  the 
affidavit  is  upon  information  and  belief. 

§  5.  Upon  the  filing  of  petition,  a  summons  shall  issue,  requiring  the  person  hav- 
ing custody  or  control  of  the  child,  or  with  whom  the  child  may  be,  to  appear  with 
the  child  at  a  place  and  time  stated  in  the  summons,  which  time  shall  not  be  less 
than  twenty-four  hours  after  service.  The  parents  of  the  child,  if  living,  and  their 
residence  is  known,  or  its  legal  guardian,  if  one  there  be,  or  if  there  is  neither 
parent  or  guardian,  or  if  his  or  her  residence  is  not  known,  then  some  relative,  if 
there  be  one,  and  his  residence  is  known,  shall  be  notified  of  the  proceedings ;  and 
in  any  case  the  judge  may  appoint  some  suitable  person  or  association  to  act  in  behalf 
of  the  child,  if  the  person  summoned  as  herein  provided  shall  fail,  without  reasonable 
cause,  to  appear  and  abide  the  order  of  the  court,  or  to  bring  the  child 
he  may  be  proceeded  against  as  in  case  of  contempt  of  court.  In  case 
the  summons  cannot  be  served,  or  the  parties  served  fail  to  obey  the  same,  and  in 
any  case  when  it  shall  be  made  to  appear  to  the  court  that  such  summons  will  be 
ineffectual,  a  warrant  may  issue,  on  the  order  of  the  court,  either  against  the  parent 
or  guardian,  or  the  person  having  custody  of  the  child,  or  with  whom  the  child  may 
be,  or  against  the  child  itself.  On  the  return  of  the  summons  or  other  process,  or 
as  soon  thereafter  as  may  be,  the  court  shall  proceed  to  hear  and  dispose  of  the  case 
in  a  summary  manner.  Pending  the  final  disposition  of  any  case,  the  child  may  be 
retained  in  the  possession  of  the  person  having  charge  of  same,  or  may  be  kept  in 
some  suitable  place  provided  by  the  city  or  county  authorities,  or  by  any  association 
having  for  one  of  its  objects  the  care  of  delinquent  or  neglected  children. 

§  6.  The  court  shall  appoint  or  designate  one  or  more  discreet  persons,  of  good 
character,  to  serve  as  probation  officers  during  the  pleasure  of  the  court ;  said  proba- 
tion officers  to  receive  no  compensation  from  the  public  treasury.  In  case  a  probation 
officer  shall  be  appointed  by  any  court,  it  shall  be  the  duty  of  the  clerk  of  the 
court,  if  practicable,  to  notify  the  said  probation  officer  in  advance  when  any  child 
is  to  be  brought  before  the  said  court ;  it  shall  be  the  duty  of  the  said  probation 
officer  to  make  such  investigation  as  may  be  required  by  the  court,  to  be  present  in 
order  to  represent  the  interests  of  the  child  when  the  case  is  heard,  to  furnish  to  the 
court  such  information  and  assistance  as  the  judge  may  require,  and  to  take  such 
charge  of  any  child  before  and  after  trial  as  may  be  directed  by  the  court. 

§  7.  When  any  child  under  the  age  of  sixteen  years  shall  be  found  dependent  or 
neglected,  within  the  meaning  of  this  act,  the  court  may  make  an  order  committing 
the  child  to  the  care  of  some  suitable  institution,  or  to  the  care  of  some  reputable 
citizen  of  good  moral  character,  or  to  the  care  of  some  training  school,  or  an  in- 
dustrial school  as  provided  by  law,  or  to  the  care  of  some  association  willing  to 
receive  it,  embracing  in  its  object  the  purpose  of  caring  or  obtaining  homes  for  de- 
pendent or  neglected  children,  which  association  shall  have  been  accredited  as  herein- 
after provided,  and  the  court  may  compel  the  parent  to  contribute  to  the  support 
of  the  child  as  circumstances  may  determine. 

§  8.  In  any  case  where  the  court  shall  award  a  child  to  the  care  of  any  as- 
sociation or  individual,  in  accordance  with  the  provisions  of  this  act,  the  child  shall, 
unless  otherwise  ordered,  become  a  ward,  and  be  subject  to  the  guardianship  of  the 
association  or  individual  to  whose  care  it  is  committed.  Such  association  or  in- 
dividual shall  have  authority  to  place  such  child  in  a  family  home,  with  or  without 
indenture,  and  may  be  made  party  to  any  proceeding  for  the  legal  adoption  of  the 
child,  and  may  by  its  or  his  attorney  or  agent  appear  in  any  court  where  such  pro- 
ceedings are  pending  and  assent  to  such  adoption.  And  such  assent  shall  be  suffi- 
cient to  authorize  the  court  to  enter  the  proper  order  or  decree  of  adoption.  Such 
guardianship  shall  not  include  the  guardianship  of  any  estate  of  the  child. 

§  9.  In  case  of  a  delinquent  child  the  court  may  continue  the  hearing  from  time 
to  time,  and  may  commit  the  child  to  the  care  and  guardianship  of  a  probation 
officer  duly  appointed  by  the  court,  and  may  allow  said  child  to  remain  in  his  own 
home  subject  to  the  visitation  of  the  probation  officer,  such  child  to  report  to  the  pro- 
bation officer  as  often  as  may  be  required,  and  subject  to  be  returned  to  the  court 
for  further  proceedings  whenever  such  action  may  appear  to  be  necessary ;  or  the 
court  may  commit  the  child  to  the  care  and  guardianship  of  the  probation  officer, 
to  be  placed  in  a  suitable  family  home,  subject  to  the  friendly  supervision  of  such 
probation  officer ;  or  it  may  authorize  the  said  probation  officer  to  board  out  the 
said  child  in  some  suitable  family  home,  in  case  provision  is  made  by  voluntary  con- 
tribution or  otherwise  for  the  payment  of  the  board  of  such  child,  until  a  suitable 


262  KEPORT  OP  THE  PROBATION  COMMISSION. 

provision  may  be  made  for  the  child  in  a  home  without  such  payment ;  or  the 
court  may  commit  the  child  to  a  suitable  institution  for  the  care  of  delinquent 
children :  Provided,  That  no  child  under  the  age  of  twelve  years  shall  be  com- 
mitted to  the  State  Reformatory  or  House  of  Refuge.  In  no  case  shall  a  child  be  com- 
mitted beyond  his  or  her  minority.  A  child  committed  to  such  institution  shall  be 
subject  to  the  control  of  the  board  of  managers  thereof,  and  the  said  board  shall 
have  power  to  parole  such  child  on  such  condition  as  it  may  prescribe ;  and  the 
court  shall,  on  the  recommendation  of  the  board,  have  power  to  discharge  such 
child  from  custody  whenever  in  the  judgment  of  the  court  his  or  her  reformation 
shall  be  complete ;  or  the  court  may  commit  the  child  to  the  care  and  custody  of  some 
association  that  will  receive  such  child,  embracing  in  it  objects  the  care  of  neglected 
and  dependent  children,  and  that  has  been  duly  accredited  as  hereinafter  provided. 

§  10.  When  in  any  county,  where  a  court  is  held  as  provided  in  section  three 
of  this  act,  a  delinquent  child  under  the*  age  of  sixteen  years  is  arrested,  with  or 
without  warrant,  such  child  may,  instead  of  being  taken  before  a  justice  of  the 
peace  or  police  magistrate,  be  taken  directly  before  such  court;  or,  if  the  child  i- 
taken  before  a  justice  of  the  peace  or  police  magistrate,  it  shall  be  the  duty  of  such 
justice  of  the  peace  or  police  magistrate  to  transfer  the  case  to  such  court,  and 
the  officer  having  the  child  in  charge  to  take  such  child  before  that  court, 
and  in  any  such  case  the  court  may  proceed  to  hear  and  dispose  of  the  case  in  the 
same  manner  as  if  the  child  had  been  brought  before  the  court  upon  petition,  as 
herein  provided.  In  any  case,  the  court  shall  require  notice  to  be  given  and  investi- 
gation to  be  made,  as  in  other  cases  under  this  act,  and  may  adjourn  the  hearing 
from  time  to  time  for  the  purpose. 

No  court  or  magistrate  shall  commit  a  child  under  fourteen  years  of  age  to  a  jail 
or  police  station  ;  but,  if  such  child  is  unable  to  give  bail,  it  may  be  committed  to 
the  care  of  the  sheriff,  police  officer,  or  probation  officer,  who  shall  keep  such  child 
in  some  suitable  place  provided  by  the  city  or  county,  outside  of  the  inclosure  of 
any  jail  or  police  station,  or  in  the  care  of  any  association  willing  to  receive  it, 
and  having  for  one  of  its  objects  the  care  of  neglected  and  dependent  children.  When 
any  such  child  shall  be  sentenced  to  confinement  in  any  institution  to  which  adult  con- 
victs are  sentenced,  it  shall  be  unlawful  to  confine  such  child  in  the  same  building  with 
such  adult  convicts,-  or  to  confine  such  child  in  the  same  yard  or  inclosure  with 
such  a£ult  convicts,  or  to  bring  such  child  into  any  yard  or  building  in  which  such 
adult  convicts  may  be  present. 

§  11.  All  cases  of  misdemeanors  arising  under  existing  laws  from  neglect  or  ill- 
treatment  of  children,  wherein  the  magistrates  or  justices  of  the  peace  have  juris- 
diction, the  officer  serving  the  warrant  of  arrest  shall  produce  the  child  or  children 
before  the  magistrate  or  justice  of  the  peace,  in  company  with  the  accused.  It  shall 
be  the  duty  of  the  magistrate,  where  the  charge  is  in  his  judgment  made  out,  to 
transfer  the  question  of  the  disposition  of  such  child  or  children  to  the  Juvenile  Court, 
accompanied  with  a  report  of  the  physical  condition  of  such  child  when  produced 
before  him.  And  the  said  court  shall  proceed  to  hear  and  dispose  of  said  cases  in 
same  manner  as  if  the  child  or  children  had  been  brought  before  it  upon  petition 
and  summons,  as  herein  provided. 

And  pending  the  disposition  of  such  case  by  said  court,  the  magistrate  may  commit 
the  custody  of  such  child  or  children  to  any  association  having  for  one  of  its  objects 
the  care  of  dependent  or  neglected  children. 

This  section  shall  likewise  apply  to  cases  of  vagrant  and  abandoned   children. 

§  12.  It  shall  be  the  duty  of  the  board  of  managers  of  the  State  Reformatory,  at 
Huntingdon,  and  of  the  board  of  managers  of  the  House  of  Refuge,  and  the  board  of 
managers  of  any  other  institution  to  which  juvenile  delinquents  may  be  committed 
by  the  courts,  to  maintain  an  agent  of  such  institution,  whose  duty  it  shall  be  to 
examine  the  homes  of  children  paroled  from  such  institution,  for  the  purpose  of 
ascertaining  and  reporting  to  said  court  whether  they  are  suitable  homes,  to  assist 
children  paroled  or  discharged  from  such  institution  in  finding  suitable  employment, 
and  to  maintain  a  friendly  supervision  over  paroted  imates  during  the  con- 
tinuance of  their  parole  ;  such  agents  shall  hold  office  subject  to  the  pleasure  of  the 
board  making  the  appointment,  and  shall  receive  such  compensation  as  such  board 
may  determine,  out  of  any  funds  appropriated  for  such  institution  applicable  thereto. 

§  1?..  All  associations  receiving  children  under  this  act  shall  be  subject  to  the 
same  visitation,  inspection  and  supervision  of  the  Board  of  Public  Charities  as  the 
public  charitable  institution  of  this  state.  The  judges  of  the  courts,  hereinbefore 


REPORT  OP  THE  PROBATION  COMMISSION.  263 

mentioned,  may  require  such  information  and  statistics,  from  associations  desiring 
to  have  children  committed  to  their  care  under  the  provisions  of  this  act,  as  said 
judges  deem  necessary  in  order  to  enable  them  to  exercise  a  wise  discretion  in 
dealing  with  children.  Every  such  association  shall  file  with  the  Board  of  Public 
Charities  an  uimual  written  or  printed  report,  which  shall  include  a  statement  of  the 
nu ciber  of  childreit  cared  for  during  the  year,  the  number  received,  the  number 
placed  in  homes,  the  number  died,  the  number  returned  to  friends  ;  also,  a  financial 
statement.,  showing  the  receipts  and  disbursements  of  the  associations.  The  state- 
ment of  receipts  shall  indicate  the  amount  received  from  public  funds,  the  amount 
received  from  donations,  and  the  amount  received  from  other  sources,  specifying  the 
several  sources.  The  statement  of  disbursements  shall  show  the  amount  expended  for 
salaries  and  other  expenses,  specifying  the  same ;  the  amount  expended  for  lands, 
buildings  and  investments.  The  secretary  of  the  Board  of  Public  Charities  shall 
furnish  to  the  judge  of  each  of  the  county  courts  a  list  of  associations  filing  such 
annual  reports,  and  no  child  shall  be  committed  to  the  care  of  any  associations  which 
shall  not  have  filed  a  report,  for  the  fiscal  year  last  preceding,  with  the  Board  of 
Public  Charities. 

§  14.  No  associations  whose  objects  may  embrace  the  caring  for  dependent,  neglected, 
or  delinquent  children  shall  hereafter  be  incorporated  unless  the  proposed  articles  of 
incorporation  shall  first  have  been  submitted  to  the  examination  of  the  Board  of 
Public  Charities,  and  unless  there  shall  be  filed,  with  the  application  for  a  charter, 
the  certificate  of  said  Board  of  Public  Charities  that  said  board  has  examined 
the  said  articles  of  incorporation,  and  that  in  its  judgment  the  incorporators  are 
reputable  and  respectable  persons,  the  proposed  work  is  needed,  and  the  incorpora- 
tion of  such  association  is  desirable  and  for  the  public  good.  Amendments  proposed  to 
the  articles  of  incorporation  or  association,  having  as  an  object  the  care  and  disposal  of 
dependent,  neglected  or  delinquent  children,  shall  be  submitted  in  like  manner  to  the 
Board  of  Public  Charities,  and  no  such  amendment  shall  be  allowed  unless  there  shall 
be  first  filed  with  the  proposed  amendment  the  certificate  of  said  Board  of  Public 
Charities  that  they  have  examined  said  amendment,  that  the  association  in  question 
is,  in  their  judgment,  performing  in  good  faith  the  work  undertaken  by  it,  and  that 
the  said  amendment  is,  in  their  judgment,  a  proper  one  and  for  the  public  good. 

§  15.  It  shall  be  lawful  for  the  parents,  parent,  guardian,  or  other  person  having  the 
right  to  dispose  of  a  dependent  or  neglected  child,  to  enter  into  an  agreement  with 
any  association  or  institution,  incorporated  under  any  public  or  private  law  of  this 
state  for  the  purpose  of  aiding,  caring  for  or  placing  in  homes  such  children,  and 
being  approved  as  herein  provided,  for  the  surrender  of  such  child  to  such  associa- 
tion or  institution,  to  be  taken  and  cared  for  by  such  association  or  institution,  or 
put  into  a  friendly  home.  Such  agreement  may  .contain  any  and  all  proper 
stipulations  to  that  end,  and  may  authorize  the  association  or  institution  by  its  at- 
torney or  agent  to  appear  in  any  proceeding  for  the  legal  adoption  of  such  child 
and  consent  to  its  adoption  ;  and  the  order  of  the  court  made  upon  such  consent  shall 
be  binding  upon  the  child  and  its  parents  or  guardian  or  other  person,  the  same 
as  if  such  parents  or  guardian  or  other  person  were  personally  in  court  and  con- 
senting thereto,  whether  made  party  to  the  proceeding  or  not. 

$  16.  No  association  which  is  incorporated  under  the  laws  of  any  other  state 
than  the  state  of  Pennsylvania  shall  place  any  child  in  any  family  home  within 
the  boundaries  of  the  state  of  Pennsylvania,  either  with,  or  without  indenture,  or 
for  adoption,  unless  the  said  association  shall  have  furnished  the  Board  of  Public 
Charities  with  such  guarantee  as  they  may  require,  that  no  child  shall  be  brought 
into  the  state  of  Pennsylvania  by  such  society  or  its  agents,  having  any  contagious 
or  incurable  disease,  or  having  any  deformity,  or  being  of  feeble  mind  or  of  vicious 
character,  and  that  said  association  will  promptly  receive  and  remove  from  the 
state  any  child,  brought  into  the  state  of  Pennsylvania  by  its  agents,  which  shall 
become  a  public  charge  within  the  period  of  five  years  after  being  brought  into  this 
state.  Any  person  who  shall  receive,  to  be  placed  in  a  home,  or  shall  place  in  a 
home,  any  child  in  behalf  of  any  association,  incorporated  in  any  other  state  than 
the  state  of  Pennsylvania,  which  shall  not  have  complied  with  the  requirements 
of  this  act,  shall  be  imprisoned  in  the  cdunty  jail  not  more  than  thirty  days,  or  fined 
not  less  than  five  dollars,  or  more  than  one  hundred  dollars,  or  both,  in  the  discretion 
o?  the  court. 

§  17.  The  court  in  committing  children  shall  place  them  as  far  as  practicable 
in  the  care  and  custody  of  some  individual  holding  the  same  religious  belief  as  the 


264  REPORT  OF  THE  PROBATION  COMMISSION. 

parents  of  the  said  child,  or  with  some  association  which  is  controlled  by  persons  of 
like  religious  faith  of  the  parents  of  the  said  child. 

§  18.  The  county  judge  of  each  county  shall  appoint  a  board  of  six  or  more 
reputable  inhabitants,  who  shall  serve  without  compensation,  to  constitute  a  board 
of  visitation,  whose  duty  it  shall  be  to  visit,  as  often  as  once  a  year,  all  institutions, 
societies  and  associations  receiving  children  under  this  act;  said  visits  shall  be 
made  by  not  less  than  two  of  the  members  of  the  board,  who  shall  go  together  or 
make  a  joint  report.  The  said  board  of  visitors  shall  report  to  the  court,  from  time 
to  time,  the  condition  of  children  received  by  or  in  charge  of  such  associations  and 
institutions ;  and  shall  make  an  annual  report  to  the  Board  of  Public  Charities,  in 
such  form  as  the  board  may  prescribe.  The  said  board  of  visitors  shall  be  entitled  to 
receive,  from  the  county  in  which  they  shall  be  appointed,  such  sum  or  sums  of 
money,  for  actual  and  necessary  expenses,  as  may  be  approved  by  the  board  of 
county  commissioners. 

§  19.  This  act  shall  be  liberally  construed,  to  the  end  that  its  purpose  may  be 
carried  out,  to  wit :  That  the  care,  custody  and  discipline  of  a  child  shall  approxi- 
mate, as  nearly  as  may  be,  that  which  should  be  given  by  its  parents ;  and  in 
all  cases  where  it  can  properly  be  done,  the  child  be  placed  in  an  approved  family 
home  and  becomes  a  member  of  the  family,  by  legal  adoption  or  otherwise. 

§  20.  All  acts  .  or  parts  of  acts  inconsistent  herewith  or  hereby  supplied  are 
repealed. 

Juvenile  Courts  and  Probation  System. 

Chapter   205,   April   2,    1903. 

AN  ACT  defining  the  powers  of  the  several  courts  of  quarter  sessions  of  the  peace 
within  this  commonwealth  with  reference  to  the  care,  treatment  and  control 
of  dependent,  negected,  incorrigible  and  delinquent  children  under  the  age  of  six- 
teen years,  and  providing  for  the  means  in  which  such  power  may  be  exercised. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
Commonwealth  of  Pennsylvania  in  General  Assembly  met  and  it  is  hereby  enacted 
by  the  authority  of  the  same,  That  the  courts  of  quarter  sessions  of  the  peace  within 
the  several  counties  of  this  Commonwealth  shall  have  and  possess  full  jurisdiction  in 
all  proceedings  which  may  be  brought  before  them  affecting  the  treatment  and 
control  of  dependent,  neglected,  incorrigible  and  delinquent  children  under  the  age 
of  sixteen  years,  and  for  the  purpose  of  this  act  the  words  "dependent  child"  and 
"neglected  child"  shall  mean  any  child  who  is  destitute,  homeless,  abandoned 
or  dependent  upon  the  public  for  support,  or  has  not  proper  parental  care  or  guardian- 
ship. The  words  "incorrigible  children"  shall  mean  any  child  who  is  charged  by  its 
parent  or  guardian  with  being  unmanageable.  The  words  "delinquent  child"  shall 
mean  any  child,  including  such  as  have  heretofore  been  designated  "incorrigible 
children"  who  may  be  charged  with  the  violation  of  any  law  of  this  Common- 
wealth or  the  ordinance  of  any  city,  borough  or  township. 

The  powers  of  the  court  of  quarter  sessions  of  the  peace  as  provided  for  in  this 
act  may  be  exercised  by  any  one  or  more  judges  of  such  court  who  may  be  as- 
signed for  the  purpose  at  a  session  of  said  court  which  shall  be  known  as  the 
juvenile  court,  and  all  sessions  of  such  juvenile  court  shall  be  held  separate  and 
apart  from  any  session  of  the  court  held  for  the  purpose  of  its  general  criminal  or 
other  business,  and  the  records  of  the  proceedings  of  such  juvenile  court  shall  be 
kept  in  a  docket  separate  from  all  other  proceedings  of  said  court. 

§  2.  The  powers  of  the  court  may  be  exercised  (1)  Upon  the  petition  of  any 
citizen  resident  of  the  county,  setting  forth  that  a  child  is  neglected,  dependent  or 
delinquent,  and  is  in  need  of  the  care  and  protection  of  the  court. 

(?)  Whenever  any  magistrate  or  justice  of  the  peace  in  committing  a  child  ar- 
rested for  an  indictable  offence,  shall  certify  that  in  his  opinion  the  good  of  the 
child  and  the  interests  of  the  State  do  not  require  a  prosecution  upon  an  indict- 
ment under  the  criminal  laws  of  the  Commonwealth. 

(3)  Whenever    after    return    made    by    a    magistrate    of    the    proceedings    upon    the 
arrest    of    such    delinquent   child    for    an    indictable    offence    the    district    attorney    of 
the  county  either  before  or  after  the  indictment  shall  certify  that  in  his  opinion  the 
good   of   the   child   and   the   interests   of   the   State   do   not   require   a   proscution    upon 
an   indictment  under  the   criminal   laws   of   this   Commonwealth. 

(4)  Whenever  upon  the  trial  of  any  indictment  of  sucn  delinquent  child  the  judge 


KEPORT  OF  THE  PROBATION  COMMISSION.  265 

trying  the  cause  is  of  opinion  that  the  good  of  the  child  and  the  interests  of  the 
State  do  not  require  a  conviction  under  the  criminal  laws  of  this  Commonwealth. 

Upon  the  filing  of  any  petition  as  above  set  forth  or  whenever  the  jurisdiction  of  the 
court  has  attached  to  the  filing  of  a  certificate  of  a  magistrate  or  justice  of  the  peace, 
or  of  the  district  attorney,  or  by  the  action  of  a  judge  as  above  set  forth,  it  shall 
be  within  the  power  of  the  judge  holding  said  juvenile  court  to  make  all  necessary 
order?  for  compelling  the  production  of  such  child  and  the  attendance  of  the 
parents  and  all  persons  having  the  custody  or  control  of  the  child  or  with  whom  the 
child  may  be,  and  pending  the  final  disposition  of  any  case  the  child  shall  be  subject 
to  the  order  of  the  court  and  may  be  permitted  to  remain  in  the  control  of  its  parents 
or  the  person  having  it  in  charge,  or  of  the  probation  officer  or  may  be  kept  In 
some  place  provided  by  the  state  or  county  authorities,  or  by  any  association  having 
for  one  of  its  objects  the  care  of  delinquent  or  neglected  children  as  the  court  may 
order. 

§  3  The  court  shall  appoint  or  designate  one  or  more  discreet  persons  of  good 
character  to  serve  as  probation  officers  during  the  pleasure  of  the  court,  said  pro- 
bation officers  to  receive  no  compensation  from  the  public  treasury,  and  it  shall  be 
the  duty  of  all  probation  officers  so  appointed  to  make  such  investigations  as  may  be 
required  by  the  court,  to  be  present  in  court  when  the  case  is  heard  and  to  furnish 
to  the  court  such  information  and  assistance  as  the  judge  may  require  and  to  take 
such  charge  of  any  child  before  and  after  trial  as  may  be  directed  by  the  court. 

§  4.  At  the  hearing  the  judge  or  judges  holding  such  session  of  the  court  shall 
determine  after  an  inquiry  into  the  facts  what  order  for  the  commitment  and 
custody  and  care  of  the  child  the  child's  own  good  and  the  best  interests  of  the 
state  may  require  and  may  commit  such  child  to  the  care  of  its  parents,  subject 
to  the  supervision  of  a  probation  officer  or  to  some  suitable  institution,  or  the  care 
of  some  reputable  citizen  of  good  moral  character,  or  to  the  care  of  some  training 
school,  or  to  an  industrial  school,  or  the  care  of  some  association  willing  to  receive 
it,  and  in  either  such  case  it  shall  be  within  the  power  of  the  court  to  make  an 
order  upon  the  parent  or  parents  of  any  such  child  to  contribute  to  the  support  of  the 
fhild  such  sum  as  the  court  may  determine,  it  being  further  provided  that  in  all 
cases  in  which  a  delinquent  child  shall  be  committed  to  the  care  of  a  reformatory 
institution,  when  such  child  shall  be  discharged  from  such  institution  the  court  shall 
be  duly  advised  thereof  and  a  record  of  such  discharge  shall  be  kept  in  the  juvenile 
court  docket. 

§  5.  In  any  case  where  the  court  shall  award  a  dependent  child  to  the  care  of 
any  association  or  individual  in  accordance  with  the  provisions  of  this  act,  the  child 
shall,  unless  otherwise  ordered,  become  a  ward  and  be  subject  to  the  guardianship  of 
the  association  or  individual  to  whose  care  it  is  committed.  Such  association  or  in- 
dividual shall  have  authority  to  place  such  child  in  a  family  with  or  without 
indenture,  and  may  be  made  party  to  any  proceedings  for  the  legal  adoption  of  the 
child,  and  may  by  its  or  his  attorney  or  agent,  appear  in  any  court  where  such 
proceedings  are  pending  and  assent  to  such  adoption.  And  such  assent  shall  be  suffi- 
cient to  authorize  the  court  to  enter  the  proper  order  or  decree  of  adoption.  Such 
guardianship  shall  not  include  the  guardianship  of  any  estate  of  the  child. 

§  6.  In  the  case  of  a  delinquent  child  the  court  may  continue  the  hearing  from 
time  to  time  and  may  commit  the  child  to  the  care  and  guardianship  of  a  probation 
officer  duly  appointed  by  the  court,  and  may  allow  said  child  to  remain  in  its  own 
home,  subject  to  the  visitation  of  the  probation  officer,  such  child  to  report  to  the 
probation  officer  as  often  as  may  be  required,  and  subject  to  be  returned  to  the 
court  for  further  proceedings  whenever  such  action  may  appear  to  be  necessary,  or 
the  court  may  commit  the  child  to  the  care  and  guardianship  of  the  probation  officer 
to  be  placed  in  a  suitable  family  home,  subject  to  the  supervision  of  such  probation 
officer,  or  it  may  authorize  the  said  probation  officer  to  board  out  the  said  child  in 
some  suitable  family  home  in  case  provision  is  made  by  voluntary  contribution  or 
otherwise  for  the  payment  of  the  board  of  such  child  until  a  suitable  provision  may 
be  made  for  the  child  in  a  home  without  such  payment,  or  the  court  may  commit 
the  child  to  a  suitable  institution  for  the  care  of  delinquent  children,  or  to  any 
society  duly  incorporated,  having  for  one  of  its  objects  the  protection  of  dependent 
or  delinquent  children. 

§  7.  No  child  pending  a  hearing  under  the  provisions  of  this  act  shall  be  held 
in  confinement  in  any  county  or  other  jail,  police  station  or  in  any  institution  to 
which  adult  convicts  are  sentenced. 


266  EEPORT  OF  THE  PROBATION  COMMISSION. 

§  8.  No  order  for  the  commitment  of  any  child  in  any  proceedings  had  under  this 
act  shall  extend  to  a  period  beyond  when  such  child  shall  attain  the  age  of  twenty- 
one  years. 

§  9.  The  court  in  making  all  orders  for  the  commitment  of  children  shall  place 
them  as  far  as  possible  in  care  and  custody  of  persons  having  the  same  religious 
belief  as  the  parents  of  the  child,  or  with  some  association  which 
is  controlled  by  persons  of  such  religious  belief,  and  shall  as  far  as 
possible  provide  in  making  orders  of  commitment  that  the  care,  custody 
and  discipline  of  the  child  shall  be  as  nearly  as  possible  that  which 
should  be  given  by  its  parents.  In  all  cases  where  it  can  properly  be  done  the 
child  shall  be  placed  in  an  approved  family  home  and  become  a  member  of  the 
family  by  legal  adoption  or  otherwise. 

§  10.  It  shall  not  be  lawful  to  commit  the  custody  of  any  delinquent  child  under 
the  age  of  twelve  years  to  any  institution  of  correction  or  reformation  unless  after 
the  care  and  oversight  given  such  child  under  the  probation  system  provided  for  by 
this  act,  the  court  finds  that  the  best  interests  of  the  child  and  the  welfare  of  the 
community  require  such  commitment,  and  it  shall  not  be  lawful  to  commit  the  custody 
of  any  neglected  or  dependent  child  who  is  delinquent  to  any  institution  of  correction 
or  reformation  in  which  delinquent  shildren  are  received,  nor  shall  any  delinquent 
child  be  committed  to  any  institution  in  which  dependent  or  neglected  children  are 
received. 

$  11.  Nothing  herein  contained  shall  be  in  derogation  of  the  powers  of  the 
courts  of  quarter  sessions  and  oyer  and  terminer  to  try  upon  an  indictment  any 
delinquent  child  who  in  due  course  may  be  brought  to  trial. 

§  12.  An  act  entitled  "An  act  to  regulate  the  treatment  and  control  of  dependent, 
neglected  and  delinquent  children,  under  the  age  of  sixteen  years  ;  providing  for  the 
establishment  of  juvenile  courts  ;  regulating  the  practice  before  such  courts  ;  providing 
for  the  appointment  of  probation  officers ;  prohibiting  the  commitment  to  jail  or 
police  station  of  a  child  under  fourteen  years  of  age  ;  providing  for  the  appointment, 
compensation  and  duties  of  agents  of  juvenile  reformatories  ;  imposing  certain  duties 
upon  the  Board  of  Public  Charities  of  this  state  ;  regulating  the  incorporation  of  asso- 
ciations for  the  care  of  dependent,  neglected  or  delinquent  children  ;  prohibiting  for- 
eign associations  from  placing  children  in  homes  in  this  state  for  adoption  or  under 
indenture  except  under  certain  conditions  ;  providing  for  the  appointment  ot  a  board 
of  visitors,  and  repealing  acts  and  parts  of  acts  inconsistent  with  the  provisions  of 
this  act,"  approved  the  twenty-first  day  of  May,  one  thousand  nine  hundred  and  one, 
and  all  acts  or  parts  of  acts  inconsistent  herewith  are  repealed. 

RHODE  ISLAND. 

Agent  of  Board  of  State  Charities  and  Corrections  to  have  Charge  of  Juvenile 

Offenders. 

Chapter  581,  June  15,  1898. 
AN  ACT  relating  to   juvenile  offenders. 

Section  1.  Whenever  a  minor  under  the  age  of  sixteen  years  shall  be  brought  before 
any  court  in  the  counties  of  Providence  and  Newport,  in  this  state,  charged  with  any 
crime  or  misdemeanor,  said  minor  shall  be  arraigned  and  tried  separate  and  apart 
from  the  arraignment  and  trial  of  other  cases ;  but  the  provisions  of  this  section,  or 
of  the  following  sections,  shall  not  apply  to  any  minor  jointly  charged  or  in(  any 
way  connected  with  an  older  person  or  persons  in  the  commission  of  any  crime  or 
misdemeanor. 

§  2.  Said  courts  in  said  counties  shall  designate  suitable  times  for  the  trial  of 
such  cases,  to  be  called  "  the  session  for  juvenile  offenders,"  and  of  these  sessions  a 
separate  docket  and  record  shall  be  kept. 

§  3.  It  shall  be  the  duty  of  the  agent  of  the  Board  of  State  Charities  and  Cor- 
rections, or  such  other  person  as  they  may  appoint,  or  the  agent  of  the  Rhode 
Island  Society  for  the  Prevention  of  Cruelty  to  Children,  or  the  agent  of  the  Saint 
Vincent  de  Paul  Society,  upon  receiving  notice  thereof,  to  be  given  by  order  of  said 
court,  to  be  present  at  the  arraignment  and  trial  of  such  juvenile  offenders ;  to 
secure  the  service  of  counsel  in  their  behalf,  by  and  with  the  authority  of  the 
court ;  to  learn  all  that  is  possible  regarding  said  children  for  the  purpose  of  aiding 
said  court,  and,  generally,  to  take  care  of  the  interests  of  said  children. 


REPORT  OP  THE  PROBATION  COMMISSION.  267 

§  4.  In  cases  against  juvenile  offenders  no  court  fees  shall  be  allowed  or  taxed 
in  any  criminal  case  in  any  court  in  this  state,  neither  shall  costs  be  taxed  for  the 
services  as  witnesses  or  otherwise  of  any  officer  of  a  city  or  town  having  a  salary 
or  fixed  compensation,  or  for  the  use  of  a  team  of  a  city  or  town,  or  for  any  other 
service  or  charge  whatever  that  may  be  paid  to  any  city  or  town. 

§  5.  Whenever  any  child  under  thirteen  years  of  age  is  held  by  any  court  for  ex- 
amination and  trial,  and  said  child  is  unable  to  furnish  bail  for  such  examination  or 
trial,  such  court  shall  commit  said  child  to  the  custody  of  said  agent  of  the  Board  of 
State  Charities  and  Corrections,  or  to  the  agent  of  the  Society  for  the  Prevention  of 
Cruelty  to  Children,  or  to  the  agent  of  the  Saint  Vincent  de  Paul  Society,  and  said 
agent  is  hereby  authorized  to  make  all  proper  provisions  for  the  safe-keeping 
of  said  child  and  for  his  presence  at  the  examination  or  trial  for  which  he  is  held, 
and  said  court,  upon  motion  of  said  agent  (or  either  of  them),  made  at  any  time 
before  sentence,  may  provisionally  place  any  juvenile  offender  under  his  control  and 
supervision  until  the  further  order  of  said  court. 

$  6.  No  court  shall  commit  any  child  under  thirteen  years  of  age  to  a  jail  or  to 
the  State  Prison  in  default  of  bail,  for  nonpayment  of  fine  or  costs,  or  both,  or  for 
siny  punishment  for  any  offence  not  punishable  by  imprisonment  for  life,  of  which 
said  child  may  have  been  adjudged  guilty,  but  «uch  commitment  shall  be  to  the 
Sockanosset  School  for  Boys  or  the  Oaklawn  School  for  Girls. 

§  7.  Juveniles  when  placed  under  arrest  shall  not  be  confined  in  any  apartment 
in  any  police  station  or  other  place  of  confinement  or  detention  with  other  offenders, 
not  juvenile. 

§  8.  All  acts  and  parts  of  acts  inconsistent  herewith  are  hereby  repealed,  and  this 
act  shall  take  effect. 

Juvenile  Probation  System. 

Chapter  664,  May  23,   1899  :   repealing  1898,  ch.   581. 

AN  ACT   relating  to  juvenile  offenders   and  providing  for  the   appointment  of   proba- 
tion  officers. 

Section  1.  Whenever  a  minor  under  the  age  of  sixteen  years  shall  be  brought  be- 
fore any  court  in  the  state  charged  with  any  crime  or  misuemeanor,  said  minor 
shall  be  arraigned  and  tried  separate  and  apart  from  the  arraignment  and  trial  of 
other  cases;  but  the  provisions  of  this  section  shall  not  apply  to  any  such  minor 
jointly  charged  or  in  any  way  connected  with  an  older  person  or  persons  in  the 
commission  of  any  crime  or  misdemeanor. 

§  2.  In  cases  against  such  juvenile  offienders  no  court  fees  shall  be  allowed 
or  taxed  against  the  respondent  in  any  criminal  case  in  any  court  in  this  state, 
neither  shall  costs  be  taxed  against  the  respondent  for  the  services  as  witnesses  or 
otherwise  of  any  officer  of  a  city  or  town  having  a  salary  or  fixed  compensation,  or 
for  the  use  of  a  team  of  a  city  or  town,  or  for  any  other  service  or  charge  whatever 
that  may  be  paid  to  any  city  or  town. 

§  3.  Whenever  any  minor  under  sixteen  years  of  age  shall  be  brought  before  any 
court  in  this  state  for  examination  or  trial,  such  court  in  default  of  bail  may  in  its 
discretion  commit  said  minor  only  to  the  Providence  county  jail,  the  Newport  county 
jail,  the  Sockanosset  School  for  Boys,  or  the  Oaklawn  School  for  Girls,  to  await 
trial ;  or  the  court  may  in  its  discretion  commit  said  minor  to  the  custody  of  one 
of  the  probation  officers  appointed  under  or  created  by  the  provisions  of  this  act, 
and  such  probation  officers  are  hereby  authorized  under  the  direction  of  the  Board 
of  State  Charities  and  Corrections  to  make  all  proper  provisions  for  the  safe  keeping 
of  said  minor  and  for  his  presence  at  the  examination  or  trial  for  which  he  is  held, 
and  said  court  at  any  time  before  sentence,  may  provisionally  place  any  such 
juvenile  offender  under  the  control  and  supervision  of  a  probation  officer  until  the 
further  order  of  said  court. 

§  4.  Such  juveniles  when  placed  under  arrest  shall  not  be  conveyed  to  or  from  any 
court  or  to  any  place  of  confinement  or  detention,  or  be  confined  in  any  apartment 
in  any  police  station  or  other  place  of  confinement  or  detention  with  other  offenders 
not  juveniles. 

§  5.  The  Board  of  State  Charities  and  Corrections  is  hereby  empowered  to  ap- 
point some  person  to  act  as  a  probation  officer  throughout  the  state,  and  may  In 
their  discretion  appoint  additional  probation  officers,  one  of  whom  at  least  shall  be 
a  woman,  to  serve  during  the  pleasure  of  said  board  in  any  court  having  jurisdiction 


208  REPORT  OF  THE  PROBATION  COMMISSION. 

in  the  place  of  their  appointment.  Every  probation  officer  created  by  or  appointed 
under  the  provisions  of  this  act  shall  perform  such  duties  within  the  scope  of  this 
act  as  said  board  may  direct  and  shall  incur  such  expenses  only  as  said  board  may 
authorize. 

§  6.  No  fee  shall  be  allowed  for  the  commitment  of  any  such  juvenile  offender, 
but  an  allowance  for  travel  at  the  rate  of  ten  cents* for  each  mile  traveled  with  such 
juvenile  offender  in  custody  may  be  paid  to  any  court  officer  or  probation  officer 
designated  for  that  purpose  by  the  court  from  which  the  commitment  issues,  except 
as  otherwise  in  this  act  provided  :  Provided,,  that  such  allowance  for  travel  shall  in 
no  case  be  taxed  against  such  juvenile  offender. 

§  7.  It  shall  be  lawful  for  any  court  in  the  state  at  any  time  before  sentence  to 
provisionally  place  any  offender,  juvenile  or  adult,  who  can  lawfully  be  admitted  to 
bail,  except  persons  charged  with  the  crimes  enumerated  in  section  13  of  chapter 
285  of  the  General  Laws,  under  the  control"  and  supervision  of  a  probation  officer,  and 
whenever  any  such  offender  shall  be  placed  in  the  custody  or  under  the  control  and 
supervision  of  any  such  officer,  such  officer  shall  have  and  exercise  the  same  rights 
and  powers  in  relation  to  such  offender  as  are  or  may  be  possessed  by  a  surety  on  a 
recognizance. 

§  8.  The  Board  of  State  Charities  and  Corrections  shall  determine  the  compensa- 
tion and  audit  the  disbursements  of  every  probation  officer  created  by  or  appointed 
under  the  provisions  of  this  act :  Provided,  that  in  the  discharge  of  the  duties  im- 
posed by  this  act  no  compens'atiou  other  than  the  allowance  for  travel  specified  in 
section  6  of  this  act  and  the  actual  and  necessary  disbursements  required  in  the  per- 
formance of  the  duties  imposed  by  this  act  shall  be  allowed  or  paid  for  any  service 
whatever  to  any  probation  officer  receiving  any  salary  or  fixed  compensation  from  the 
state  or  from  any  city  or  town  in  any  capacity,  or  to  any  person  receiving  any 
salary  or  fixed  compensation  from  any  society,  organization,  corporatin,  or  associa- 
tion which  receives  aid  from  the  state  or  from  any  city  or  town  therein  :  And  pro- 
vided further,  that  all  expenses  incurred  under  this  act  shall  be  paid  from  the 
appropriations  for  the  Board  of  State  Charities  and  Corrections. 

§  9.  Chapter  581  of  the  Public  Laws,  passed  June  15,  1898,  and  all  acts  and  parts 
of  acts  inconsistent  herewith  are  hereby  repealed,  and  this  act  shall  take  effect  upon 
its  passage. 

TENNESSEE. 

Juvenile  Courts  and  Probation  System. 

Chapter  516,   April    17,    1905. 
AN  ACT  concerning  delinquent  children. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of  Tennessee,  that 
this  act  shall  apply  only  to  children  sixteen  (16)  years  of  age  or  under.  The  words 
"neglected  child"  or  "delinquent  child"  shall  include  any  child  sixteen  (16)  years 
of  age  or  under  such  age  who  violates  any  law  of  this  state  or  any  city  or  village 
ordinance,  or  who  is  incorrigible,  or  who  knowingly  associates  with  thieves,  vicious 
or  immoral  persons,  or  who  is  growing  up  in  idleness  or  crime,  or  who  knowingly  visits 
or  enters  a  house  of  ill-repute,  or  who  knowingly  patronizes  or  visits  any  policy 
shop  or  place  where  any  gaming  device  is  or  shall  be  operated,  or  who  patronizes  or 
visits  any  saloon  or  dram  shop  where  intoxicating  liquors  are  sold,  or  who  patronizes 
or  visits  any  public  pool  room  or  bucket  shop,  or  wanders  about  the  street  at  night 
time  without  being  on  any  lawful  business  or  occupation,  or  who  habitually  wanders 
about  any  railroad  yards  or  tracks  or  pumps,  or  hooks  on  to  any  moving  train  or 
enters  any  car  or  engine  without  lawful  authority,  or  who  habitually  uses  vile, 
obscene,  vulgar,  profane,  or  indecent  language,  or  is  guilty  of  immoral  conduct  in 
any  public  place  or  about  any  school  house.  Any  child  committing  any  of  the  acts 
herein  mentioned  shall  be  deemed  a  juvenile  delinquent  or  neglected  person,  or  whose 
home  by  reason  of  any  neglect  or  depravity  on  the  part  of  its  parents,  guardians, 
or  other  persons  in  whose  care  it  may  be,  and  any  child  under  the  age  of  fourteen 
(14)  years  who  is  found  begging,  peddling,  or  selling  any  article  or  singing  or  play- 
ing any  musical  instrument  on  the  street,  or  giving  any  public  entertainment,  or  who 
accompanies  or  is  used  in  aid  of  any  person  so  doing,  shall  be  proceeded  against  as 
such  in  the  manner  as  hereinbefore  provided.  A  disposition  of  any  child  under  this 
act,  or  any  evidence  given  in  such  cause,  shall  not  in  any  civil,  criminal,  or  other 
cause  or  proceeding  whatever  in  any  court  be  lawful  or  proper  evidence  against  such 


REPORT  OP  THE  PROBATION  COMMISSION.  260 

child  for  any  purpose  whatever,  excepting  in  subsequent  cases  against  the  same  child 
under  this  act.  The  word  "  child  "  or  "  children  "  may  mean  one  or  more  children, 
or  the  word  "  parent  "  or  "  parents  "  may  mean  one  or  both  parents  when  consistent 
with  the  intent  of  this  act.  When  jurisdiction  has  been  acquired  under  the  provisions 
of  this  act  over  the  person  of  a  child,  such  jurisdiction  shall  continue  for  the  purpose 
of  this  act  until  the  child  shall  have  attained  its  majority. 

§  2.  Be  it  further  enacted,  That  any  judge  of  any  criminal,  circuit,  or  county 
court  or  chairman  of  any  county  court  of  the  several  counties  in  this  state  shall  have 
jurisdiction  in  all  cases  coming  within  the  terms  and  provisions  of  this  act.  Such 
cases  to  be  heard  and  determined  by  the  judge  or  chairman  of  said  court.  A  special 
record  book  or  books  shall  be  kept  by  the  court  for  all  cases  coming  within  the  pro- 
visions of  this  act  to  be  known  as  "  the  juvenile  record,"  and  the  docket  or  calendar  of 
the  court  upon  which  there  shall  appear  the  case  or  cases  under  the  provisions  of  this 
act  shall  be  known  as  "the  juvenile  docket,"  and  for  'convenience  the 
court  in  the  trial  and  disposition  of  such  cases  may  be  called  "  the  juvenile  court." 
Between  the  first  and  thirteenth  days  of  October  of  each  year  the  clerks  of  the 
several  courts  shall  submit  to  the  county  court  a  report  in  writing  upon  blanks  to 
be  furnished  by  said  court,  showing  the  number  and  disposition  of  delinquent  children 
brought  before  such  court,  together  with  such  information  regarding  such  cases  and 
the  parentage  of  such  children  as  may  be  reasonable  obtained  at  the  trials  thereof  : 
Provided,  that  the  name  or  identity  of  any  such  child  or  parent  shall  not  be  disclosed 
in  such  report,  and  that  such  report  shall  not  be  published  at  state  expense. 

§  3.  Be  it  further  enacted,  That  any  reputable  person,  being  a  resident  of  the 
county,  having  knowledge  or  information  of  a  child  in  the  county  who  appears  to  be 
a  neglected  child,  may  file  with  the  clerk  of  such  court  a  petition  in  writing  setting 
forth  the  facts,  verified  by  affidavit.  It  shall  be  sufficient  that  the  affidavit  is  on  in- 
formation and  belief. 

In  any  such  information  or  complaint  filed  under  this  act,  the  act  or  acts  claimed 
to  have  been  committed  by  the  child  proceeded  against  shall  in  a  general  way  be 
stated  therein  as  constituting  such  child  a  juvenile  delinquent  child  or  person. 

§  4.  Be  it  further  enacted,  That  it  shall  be  unlawful  for  any  court  clerk  or  other 
person  to  tax  or  collect  or  for  any  county  to  pay  any  fees  whatever  now  permitted  by 
law  to  be  taxed  and  collected  for  the  benefit  of  any  court  officer  or  person  for  the 
case  of  any  delinquent  child  coming  within  the  provisions  of  this  act  for  violating  any 
law  of  this  state  or  committing  any  of  the  acts  mentioned  in  section  1  hereof,  unless 
such  child  shall  be  proceeded  against  in  such  court  under  the  provisions  and  in 
accordance  with  the  purpose  of  this  act,  except  in  capital  cases,  or  where  the  court 
shall  direct  a  prosecution  under  the  criminal  code,  or  where  complaint  has  been 
filed  before  a  justice  of  the  peace  or  police  magistrate,  who  shall  duly  comply  with  the 
terms  of  section  6  of  this  act. 

§  5.  Be  it  further  enacted,  That  upon  the  filing  of  an  information  under  this  act 
a  warrant  or  copies  may  issue  as  in  other  cases,  but  no  incarceration  of  the  child 
proceeded  against  thereunder  shall  be  made  or  had  unless  in  the  opinion  of  the 
judge  of  the  court,  or  in  the  absence  of  the  judge  or  chairman  from  the  county  seat, 
then  in  the  opinion  of  the  sheriff  of  the  county,  it  shall  be  necessary  to  insure  its 
attendance  in  court  at  such  times  as  shall  be  required.  In  order  to  avoid  such 
incarceration,  if  practicable,  it  shall  be  the  duty  of  the  sheriff  of  the  county,  or  his 
deputy  or  representatives,  to  serve  a  notice  of  the  proceedings  upon  at  least  one  parent 
of  the  child,  if  living  and  known,  or  its  legal  guardian  ;  or  if  his  or  her  whereabouts 
or  residence  i?  not  known,  or  if  neither  parent  nor  guardian  shall  be  in  this  state, 
then  some  relative  living  in  the  county,  if  any  there  be  or  whose  whereabouts  are 
known,  and  such  judge  or  sheriff  may  accept  the  written  promise  of  such  person  so 
notified  or  of  any  other  person  to  be  responsible  for  the  presence  of  such  child  at  the 
hearing  in  such  case,  or  at  any  other  time  to  which  the  same  may  be  adjourned 
or  continued  by  the  court.  In  case  such  child  shall  fail  to  appear  at  such  time  or 
times  as  the  court  may  require,  the  person  or  persons  responsible  for  its  appearance 
as  herein*  provided  for,  unless  in  the  opinion  of  the  court  there  shall  be  reasonable 
cause  for  such  failure  of  such  child  to  appear  as  herein  provided  for,  may  be  pro- 
ceeded against  as  in  cases  of  contempt  of  court,  and  punished  accordingly,  and  where 
any  such  child  shall  have  failed  to  appear  as  required  by  the  court  or  its  officers, 
any  warrant,  capias,  or  alias  capias  issued  in  such  case  may  be  executed  as  in  other 
cases  :  Provided,  however,  that  no  such  child  within  the  provisions  of  this  act  under 
fourteen  (14)  years  of  age  shall  under  any  circumstances  be  incarcerated  in  any  com- 


270  REPORT  OF  THE  PROBATION  COMMISSION. 

mon  jail  or  lockup  unless  such  child  shall  be  charged  with  a  felony,  and  any  officer 
or  person  violating  this  provision  of  this  act  shall  be  guilty  of  a  misdemeanor,  and 
on  .conviction  fined  in  a  sum  not  to  exceed  one  hundred  ($100)  dollars.  It  shall  be 
the  duty  of  the  county  court  to  provide  and  maintain  at  public  expense  a  detention 
room  or  house  of  detention,  separated  or  removed  from  such  jail  or  lockup,  to  be  in 
charge  of  a  matron  or  otber  person  of  good  moral  character,  wherein  all  children 
within  the  provisions  of  this  act  shall,  when  necessary,  be  incarcerated.  Any  such 
child  so  informed  against  shall  also  have  the  right  now  given  by  law  to  any  person 
to  give  bond  or  their  security  for  the  trial  of  such  cases,  and  the  court  may,  in  any 
such  case,  appoint  counsel  to  appear  and  defend  on  behalf  of  any  such  child. 

§  6.  Be  it  further  enacted.  That  when  any  child  sixteen  (16)  years  of  age  or  under 
is  arrested'  with  or  without  warrant,  such  child  shall,  instead  of  being  taken  before 
a  justice  of  the  peace  or  police  magistrate,  be  taken  directly  before  the  judge 
of  such  court;  or  if  the  child  is  taken -before  a  justice  of  the  peace  or  police 
magistrate,  upon  complaint  sworn  out  in  such  court  or  for  any  other  reason, 
it  shall  be  the  duty  of  such  justice  of  the  peace  or  police  magistrate  to  transfer 
the  case  to  such  court,  and  the  officer  having  the  child  in  charge  to  take  the  child 
before  that  court,  and  in  any  such  case  the  court  may  proceed  to  hear  and  dispose 
of  the  case  in  the  same  manner  as  if  such  child  had  been  brought  before  the  court 
upon  information  originally  filed  as  herein  provided,  or  when  necessary  in  cases 
when  the  delinquency  charged  would  otherwise  constitute  a  felony,  may  direct  such 
child  to  be  kept  in  proper  .custody  until  an  information  or  (Jomplaint  may  be  filed  as 
in  other  cases  under  this  act  or  the  laws  of  the  state  :  Provided,  that  nothing  herein 
shall  be  constituted  to  confer  jurisdiction  upon  any  justice  of  the  peace  or  police  court 
to  try  any  case  against  any  child  sixteen  (16)  years  of  age  or  under. 

§  7.  Be  it  further  enacted,  That  such  court  of  the  several  counties  in  this  state 
thall  have  authority  to  appoint  or  designate  one  or  more  discreet  persons  of  good 
moral  character  to  serve  as  probation  officers  during  the  pleasure  of  the  court;  said 
probation  officers  to  receive  no  compensation.  In  case  a  probation  officer  shall  be 
appointed  by  the  court,  it  shall  be  the  duty  of  the  clerk  of  the  court,  if  practicable, 
to  notify  the  said  probation  oflicer  when  any  child  is  to  be  brought  before  the  court. 
It  shall  be  the  duty  of  such  probation  officer  to  make  investigation  of  such  cases ; 
to  be  present  in  court  to  represent  the  interests  of  the  child  when  the  case  is  heard ; 
to  furnish  to  the  court  such  information  and  assistance  as  the  court  or  judge  may 
require,  and  to  take  charge  of  any  child  before  and  after  the  trial,  as  may  be  directed 
by  the  court.  Probation  officers  provided  for  by  this  act  are  hereby  vested  with  all 
power  and  authority  of  sheriffs  to  make  arrests  and  perform  other  duties  incident  to 
their  office. 

§  8.  Be  it  further  enacted,  That  in  any  case  of  a  delinquent  child  coming  under 
the  provisions  of  this  act  the  court  may  continue  the  hearing  from  time  to  time, 
and  may  commit  the  child  to  the  care  of  a  probation  officer,  and  may  allow  said 
child  to  remain  in  its  own  home,  subject  to  the  visitation  of  the  probation  officer, 
such  child  to  report  to  the  court  or  probation  officer  as  often  as  may  be  required, 
and  subject  to  be  returned  to  the  court  for  further  proceedings  whenever  sTich  action 
may  appear  necessary  ;  or  the  court  may  cause  the  child  to  be  placed  in  a  suitable 
family  home,  subject  to  the  friendly  supervision  of  the  probation  officer  and  the 
further  order  of  the  court,  or  it  may  authorize  the  child  to  be  boarded  out  in  some 
suitable  family  house,  in  case  provision  is  made  by  voluntary  contribution  or  other- 
wise for  the  payment  of  the  board  of  such  child,  until  suitable  provision  be  made  for 
the  child  in  a  home  without  such  payment ;  or  the  court  may  commit  such  child  to 
the  State  Industrial  School,  or  to  any  institution  within  the  county  incorporated  under 
the  laws  of  this  state,  that  may  care  for  children,  or  which  may  be  provided  by  state 
or  county  suitable  for  the  care  of  such  .children,  or  to  any  state  institution  which  may 
now  or  hereafter  be  established  for  the  care  of  boys  and  girls.  In  no  case  shall 
a  child  proceeded  against  under  the  provisions  of  this  act  be  committed  beyond  the 
age  of  twenty-one  (21).  A  child  committed  to  any  such  institution  shall  be  subject 
to  the  control  of  said  court  which  shall  have  power  to  parole  such  child  on  such 
conditions  as  he  may  prescribe,  and  the  court  shall  have  power  to  discharge  such 
child  from  custody  when,  or  in  the  judgment  of  the  court,  his  or  her  reformation  is 
complete ;  or  the  court  may  commit  the  child  to  the  care  and  custody  of  some  asso- 
ciation that  will  receive  it,  embracing  in  its  objects  the  care  of  neglected  or  delin- 
quent children,  and  which  has  been  duly  credited  as  herein  provided. 


KEPORT  OP  THE  PROBATION  COMMISSION.  271 

§  9.  Be  it  further  enacted,,  That  all  institutions  or  associations  receiving  children 
under  this  act  shall  be  subject  to  the  same  visitation,  inspection,  and  supervision  by 
the  county  court,  through  committees  appointed  by  it,  as  are  public  charitable  insti- 
tutions of  this  state,  and  it  shall  be  the  duty  of  the  county  court  to  pass  annually 
upon  the  fitness  of  any  institution  or  association  which  may  receive  or  desire  to 
receive  any  child  or  children  under  the  provisions  of  this  act ;  and  every  such  insti- 
tution or  association  shall  at  such  times  as  said  court  shall  direct  make  report  thereto 
showing  its  conditions,  management,  and  competency  to  adequately  care  for  such 
children  as  or  may  be  committed  to  it,  and  such  other  facts  as  said  court  may 
require,'  and  upon  said  court  being  satisfied  that  any  such  association  or  institution 
is  competent  and  has  adequate  facilities  to  care  for  such  children,  it  shall  issue  to 
the  same  a  certificate  to  that  effect,  which  certificate  shall  continue  in  force  one  year 
unless  sooner  revoked  by  said  board.  The  court  or  the  judge  thereof  may  at  any  time 
require  from  any  such  institution  or  association  receiving  or  desiring  to  receive 
children  under  the  provisions  of  this  act,  such  reports,  information,  and  statements 
as  the  court  or  judge  shall  deem  proper  and  necessary  for  his  action,  and  the  court 
shall  in  no  case  commit  a  child  or  children  to  any  association  or  institution  whose 
standing,  conduct,  or  care  of  .children  or  ability  to  care  for  the  same  is  not  satis- 
factory to  the  court. 

§  10.  Be  it  further  enacted,  That  all  laws  in  conflict  with  this  act  are  hereby 
repealed. 

§  11.  Be  it  further  enacted,  That  this  act  shall  be  liberally  construed  to  the  end 
that  its  purposes  may  be  carried  out,  to  wit :  That  the  care  and  custody  and  discip- 
line of  the  child  shall  approximate  as  nearly  as  may  be  that  which  shall  be  given 
by  its  parents,  and  that  as  far  as  practicable  any  delinquent  child  shall  be  treated 
rot  as  a  criminal,  but  as  misdirected  and  misguided  and  needing  aid,  encouragement, 
help  and  assistance. 

§  12.  Be  it  further  enacted,  That  this  act  shall  only  apply  to  counties  of  seventy 
thousand  (70,000)  inhabitants  and  over  by  the  federal  census  of  1900  or  any  future 
federal  census. 

§  13.  Be  it  further  enacted,' That  this  act  take  effect  from  and  after  its  passage, 
the  public  welfare  requiring  it. 

UTAH. 
Probation  System  for  Dependent  and  Neglected  Children. 

Chapter  124,   March  28,   1903. 

AN  ACT  to  define  conditions  of  child  dependency,  neglect,  and  ill-treatment  and  to 
prescribe  methods  for  the  protection,  disposition  and  supervision  of  dependent, 
neglected  and  ill-treated  children  within  the  state  of  Utah,  and  to  prescribe  pun- 
ishment for  such  persons  as  are  responsible  for  the  care  of  a  child,  who  neglect 
or  ill-treat  such  child. 

Section  1.  [Children's  Aid  Society.  Meaning  of  terms.]  That  for  the  purposes  of 
this  act,  "  Children's  Aid  Society  "  shall  mean  any  duly  organized  society  incorporated 
under  the  laws  of  the  state  of  Utah,  and  having  among  its  objects 
the  protection  of  children  from  cruelty,  and  the  care  and  control  of 
neglected  and  dependent  children,  and  such  articles  of  incorporation,  as 
may  be  granted  for  the  purpose  of  carrying  out  the  provisions  of  this 
act,  must  specifically  provide,  that  any  abuse  of  the  rights  granted  under 
the  provisions  of  this  act  shall  subject  such  corporation  to  an  action  by  the 
Attorney-General,  under  the  provisions  of  chapter  66  of  title  73  of  the  Revised 
Statutes  of  Utah,  1898. 

•'  Institutions  "  shall  mean  any  building  or  buildings,  public  or  private,  under  the 
control  of  a  competent  board  of  managers,  and  used  as  a  home  or  place  of  detention, 
correction  or  punishment  for  delinquent  or  dependent  children. 

"Court   of    summary    jurisdiction  "    shall    mean    and    include    any    municipal    court, 
city  court  or  district  judge,   except  in  such  counties  where  a  certain  branch  of  court 
has  been  designated  by  law  as  the  court  in  which  all  juvenile  causes  shall  be  heard. 
"  Municipality  "  shall  mean  any  city  or  town. 

"  Parent  "  when  used  in  relation  to  a  child,  shall  include  guardian,  and  every  per- 
son who  is  by  law  liable  to  maintain  a  child. 


272  REPORT  OP  THE  PROBATION  COMMISSION. 

"  Place  of  safety  "  shall  include  any  industrial  school,  or  reform  school  for  boys  or 
girls,  or  any  shelter  or  temporary  home  established  by  any  children's  aid  society, 
orphan's  home  or  other  institution  for  the  protection  of  children,  duly  incorporated 
under  the  laws  of  the  state  of  Utah,  for  the  purposes  of  this  act. 

"Street  "  shall  include  any  highway  or  public  place,  whether  a  thoroughfare  or 
not. 

§  2.  [Who  may  be  apprehended.]  Any  constable,  sheriff,  police  or  other  peace 
officer  may  apprehend  without  warrant,  and  bring  before  any  court  of  summary 
jurisdiction,  as  neglected,  any  child,  apparently  under  the  age  of  fourteen,  if  a  boy  ; 
of  sixteen,  if  a  girl,  who  comes  within  one  of  the  following  descriptions,  namely  : 

(a.)  Who  is  dependent  upon  the  public  for  support,  or  who  is  found  begging  or 
receiving  alms,  or  thieving  in  any  street,  thoroughfare,  tavern,  place  of  public  resort 
or  elsewhere,  or  sleeping  at  night  in  the  open  air. 

i  b  /  Who  is  found  wandering  about  at  .a  late  hour  at  night,  and  not  having  any 
home  or  settled  place  of  abode  or  proper  guardianship.  Or  a  .child  whose  only  sur- 
viving parent  or  guardian,  is  an  habitual  drunkard,  or  a  person  of  notorious  and 
scandalous  conduct,  or  a  reputed  thief  or  prostitute  or  an  habitual  idler. 

(c.)  Or  a  child  who  is  found  associating  or  dwelling  with  a  thief,  drunkard,  or 
vagabond,  or  other  dissolute  or  degraded  person,  who  by  reason  of  neglect  or  drunken- 
ness or  other  vices  of  its  parents  or  guardians  is  suffered  to  be  growing  up  without 
salutary  parental  control  and  education,  or  in  circumstances  exposing  the  child  to  an 
idle  or  dissolute  life. 

(d.)  Who  is  found  in  or  frequenting  any  saloon  or  place  where  intoxicating  drink 
is  sold,  or  who  is  found  in  or  frequenting  any  house  of  ill-fame,  either  with  or  with- 
out the  parent  or  guardian,  or  in  company  with  a  reputed  prostitute. 

(e. )  Or,  who  is  found  in  the  custody  of  vicious,  corrupt  or  immoral  people,  or 
surrounded  by  vicious,  corrupt  or  immoral  influences. 

(f. )  Who  is  found  destitute,  being  an  orphan  or  deserted  by  its  parents,  or  having 
a  single  surviving  parent,  who  is  undergoing  imprisonment  for  a  crime. 

(g. )  Or,  a  child  who  fails  to  receive  proper  care  and  training  because  its  parent 
or  parents  are  insane,  having  been  adjudged  so  by  a  proper  authority. 

(h.)  Or,  a  child  who  is  in  the  custody  of  either  a  drunken,  vicious  or  dissolute 
father  or  mother. 

§  3.  [Disposition  made  of  children.]  Any  child  apprehended  under  the  next  pre- 
ceding section  of  this  act  may  be  turned  over  by  the  apprehending  officer,  to  any  chil- 
dren's aid  society,  who  will  receive  it  without  compensation  from  the  public  treasury, 
and  will  become  responsible  for  the  safe  keeping  of  the  child,  until  such  time  as  the 
child's  case  can  be  brought  into  court  for  hearing,  and  the  said  society  shall  for  the 
time  being  be  considered  to  have  legal  custody  of  the  child  and  to  be  for  this  purpose, 
but  for  this  purpose  only,  an  officer  of  the  court ;  but,  in  all  cases  the  child  shall  be 
brought  before  the  proper  court  for  examination  within  three  days  after  such  appre- 
hension ;  and  it  shall  thereupon  be  the  duty  of  the  court  to  investigate  and  ascertain 
whether  such  child  is  dependent  and  neglected,  as  described  in  the  next  preceding 
section  of  this  act.  its  age,  and  the  name  and  residence  of  its  parents,  and  the  said 
court  shall  have  the  power  to  compel  the  attendance  of  witnesses,  and  may,  at  his 
discretion,  request  the  attendance  of  the  county  attorney  to  attend  accordingly.  The 
parents,  if  their  whereabouts  is  known,  or  persons  having  the  actual  custody  of  such 
child,  shall  be  duly  notified  of  such  examination  not  less  than  two  days  before  the 
day  set  for  such  examination  ;  and  any  friend  may  appear  in  behalf  of  any  child,  and 
at  the  discretion  of  the  court  any  duly  authorized  representative  of  any  children's 
aid  society,  or  institution  may  be  asked  to  appear  in  behalf  of  any  child,  and  if  on 
such  examination  the  court  may  find  that  any  .child  is  dependent  or  neglected,  within 
the  meaning  of  the  next  preceding  section,  or  so  as  to  be  in  a  state  of  habitual 
vagrancy,  or  ill-treated,  so  as  to  be  in  peril  of  life,  health  or  morals,  by  continued 
personal  injury  or  misconduct  on  the  part  of  parents  or  guardians,  he  shall  enter 
such  findings  by  proper  order  to  that  effect/  and  shall  deliver  such  child  to  such 
children's  aid  society  or  institution  as  in  his  judgment  is  best  suited  to  deal  with  said 
child.  And  the  finding  of  said  court  may  further  specify  that  the  said  children's  aid 
society  shall  become  and  remain  the  legal  guardian  of  the  child  during  the  minorty 
of  such  child,  and  as  such  guardian,  said  society  shall,  subject  to  the  order  of  the 
court,  report  to  the  court  from  time  to  time.  The  court  shall  deliver  to  such  child- 
ren's aid  society  or  institution  a  certified  copy  of  the  order  made  in  the  case,  which 
shall  contain,  besides  the  finding,  a  statement  of  the  facts,  so  far  as  ascertained,  as  to 


REPORT  OF  THE  PROBATION  COMMISSION.  273 

the  age  of  such  child,  name,  nationality  and  residence,  other  members  of  the  family 
and  occupation  of  parents  or  either  of  them,  whether  either  of  them  is  dead  or  has 
abandoned  the  .child ;  and  in  case  two  or  more  children  from  the  same  family,  at 
the  same  time,  are  under  examination,  a  separate  copy  of  such  finding  shall  be  given 
for  each  child. 

Parents  who  have  been  deprived  of  their  child  under  the  provisions  of  this  act, 
may  petition  tha  board  of  managers  of  the  society  to  whom  it  has  been  committed, 
asking  that  the  child  be  returned  to  them,  on  the  grounds  that  they  have  reformed, 
or  are  in  a  condition  to  properly  care  for  their  child,  and  if  the  board,  after  a 
careful  investigation  of  the  facts,  doem  it  for  the  best  interests  of  the  child,  it  may  be 
returned  to  its  parents,  and  the  board  shall  file  with  the  clerk  of  the  court  in  which 
the  original  proceedings  were  held,  a  copy  of  the  resolutions  of  the  board,  and  when 
so  filed,  the  guardianship  of  the  society  shall  terminate,  and  the  parents  resume  their 
natural  relationship  to  such  child. 

§  4.  [Probation  officer.]  Any  children's  aid  society,  duly  organized  under  the  laws 
of  the  state  of  Utah  may  nominate  before  a  court  of  proper  jurisdiction,  two  or 
more  persons  to  be  appointed  by  the  court  to  serve  as  probation  officers,  and  if  in  the 
judgment  of  the  court  the  person  or  persons  so  named  are  proper  and  discreet  per- 
sons, the  .court  may  appoint  said  person  or  persons  to  serve  the  court  from  time  to 
time,  during  the  pleasure  of  the  court,  as  probation  officers,  to  have  either  the  cus- 
tody or  supervision  of  such  children  as  the  court  may  from  time  to  time  place  under 
his,  her  or  their  care,  while  a  child  is  on  probation.  And  such  probation  officer  as 
such,  shall  receive  no  compensation  for  services  from  the  public  treasury.  In  case 
a  probation  officer  be  appointed  by  any  court,  to  the  supervision  of  a  child,  it  shall 
be  the  duty  of  the  clerk  of  the  court  to  notify  said  probation  officer  of  the  appoint- 
ment, and  if  practicable  to  also  notify  the  probation  officer  in  advance  when  any 
child  over  which  he  or  she  may  have  supervision  is  to  be  brought  before  the  court. 
It  shall  be  the  duty  of  the  said  probation  officer  to  make  such  investigation  as  may 
be  required  by  the  court,  to  be  present  in  the  court  in  order  to  represent  the  interest 
of  the  child  when  the  case  is  heard,  to  furnish  the  court  such  information  and  assistance 
as  the  judge  may  require,  and  to  take  such  charge  of  any  child  before  and  after  trial 
as  may  be  directed  by  the  court. 

§  5.  [Legal  guardian.  Regulations.]  Any  children's  aid  society  or  institution,  to 
the  care  of  which  any  child  may  be  committed  under  the  provisions  of  this  act,  shall, 
subject  to  section  7  of  this  act,  be  the  legal  guardian  of  such  child,  and  all  the 
powers  and  rights  of  the  parents  in  respect  of  that  child,  shall  vest  in  said  society  or 
institution  ;  and  it  shall  be  the  duty  of  the  said  children's  aid  society  or  institution 
to  use  special  diligence  in  providing  suitable  homes  for  such  children  as  may  in  this 
way  be  committed  to  their  care,  and  such  society  or  institution  is  hereby  authorized 
to  secure  for  such  children  legal  adoption  in  such  families  as  may  be  approved  by  the 
paid  society,  or  institution,  or  a  written  contract  providing  for  their  education  in  the 
public  school  where  they  may  reside,  for  teaching  them  some  occupation,  and  for 
kind  and  proper  treatment,  as  members  of  the  family  where  placed,  and  for  payment 
to  them  on  the  termination  of  such  contract,  any  sum  of  money,  that  may  be  provided 
for  in  the  said  instrument.  Such  contract  shall  cover  the  entire  period  of  said  child's 
legal  minority,  or  such  portion  of  it  as  may  be  stipulated  in  the  contract,  and  such 
contract  shall  contain  a  clause,  reserving  a  right  to  withdraw  the  child  from  any 
person  having  the  custody  of  such  child  when,  in  the  opinion  of  the  children's  aid 
society,  or  institution  placing  out  such  child,  the  welfare  of  the  child  requires  it. 

§  6.  [Custody  forfeited.]  No  parent  or  guardian  or  other  person,  who  by  instru- 
ment of  writing,  surrenders  or  has  surrendered  heretofore,  the  custody  of  a  child . 
to  any  children's  aid  society  or  institution,  shall  thereafter,  contrary  to  the  terms  of  such 
instruments,  be  entitled  to  the  custody  or  control  or  authority  over,  or  any  right 
to  interfere  with,  any  such  child,  and  these  same  conditions  shall  prevail  where  the 
child  is  or  has  been  delivered  to  the  children's  aid  society  or  institution  by  the  action 
of  any  proper  court. 

§  7.  [What  trustees  may  do.]  Notwithstanding  the  provisions  of  any  by-laws, 
rules  or  regulations  for  the  government  or  control  of  any  institution,  it  shall 
be  lawful  for  the  trustees,  or  governing  body  of  such  institution  and  for  the  several 
boards  of  county  commissioners,  to  take  advantage  of  section  five  of  this  act  by  trans- 
ferring, from  time  to  time,  children  under  their  care,  to  any  children's  aid  society 
duly  organized  and  chartered  by  the  state,  to  be  placed  by  said  children's  aid  society 

18 


274  REPORT  OF  THE  PROBATION  COMMISSION. 

in  pursuance  of  this  act :  in  such  cases  all  legal  claims  to  said  children  are  trans- 
ferred to  said  children's  aid  society,  and  the  child  is  to  be  placed  out  and  super- 
vised as  any  other  children  belonging  to  said  children's  aid  society. 

§  8.  [Abuse  of  children.  Penalty.]  Any  person  over  sixteen  years  of  age,  who 
having  the  care,  custody,  control,  or  charge  of  a  child,  being  a  boy  under  the 
age  of  fourteen  years,  or  a  girl,  under  the  age  of  sixteen  years  who  wilfully  ill 
treats,  neglects,  abandons,  or  exposes  such  child,  or  causes  or  procures  such  child 
to  be  ill-treated,  neglected,  abandoned,  or  exposed  in  any  manner  likely  to  cause  such 
child  unnecessary  suffering  or  serious  injury  to  its  health  or  morals,  shall  be  guilty  of 
an  offense,  under  this  act,  and  on  conviction  thereof,  shall  be  liable,  at  the  dis- 
cretion of  the  court,  to  a  fine  not  exceeding  one  hundred  dollars,  or  to  imprisonment 
for  a  term  not  xeceeding  three  months  or  to  both  such  fine  and  imprisonment. 

§  9.  [Warrant  to  issue  for  offenders.]  If  it  appears  to  any  court  of  summary 
jurisdiction,  as  defined  herein,  or  any'  court  that  may  especially  be  designated 
by  law,  to  consider  juvenile  cases,  on  motion  made  before  such  court,  unaer 
oath,  by  any  person  who,  in  the  opinion  of  the  .court  is,  bonafide,  acting  in  the 
interest  of  any  child,  that  there  is  reasonable  cause  to  suspect,  that  such  child, 
being  a  boy,  under  the  age  of  fourteen  years,  or  a  girl  under  the  age  of  sixteen 
years,  has  been,  or  is  being  ill-treated,  or  neglected,  in  any  place  within  the  jurisdic- 
tion of  such  court,  in  manner  likely  to  cause  the  child  unnecessary  suffering,  or  to  be 
injurious  to  its  health,  or  morals,  such  court  or  judge  having  jurisdiction  over  juve- 
nile cases,  may  issue  a  warrant,  authorizing  any  peace  officer,  named  therein,  to 
search  for  the  child,  and  to  take  it  and  detain  it,  in  a  place  of  safety,  until  it  can 
be  brought  before  the  proper  court ;  and  the  court  before  whom  the  child  is  brought, 
may  cause  it  to  be  dealt  with  in  a  manner  provided  for  by  sections  four  and  five  of 
this  act.  The  court  or  judge  issuing  such  warrant,  may  by  the  same  warrant,  cause 
any  person  accused  of  an  offense,  in  respect  of  the  child  to  be  apprehended,  and 
brought  before  the  proper  court,  and  proceedings  to  be  taken  to  punish  euch  persons 
according  to  section  eight  of  this  act.  Any  person  authorized  by  warrant,  under  this 
section,  to  search  for  any  child,  and  to  take  it  and  detain  it  in  a  place  of  safety, 
may  enter,  if  need  be,  by  force,  any  house,  building,  or  other  place,  specified  in  ih& 
warrant,  and  may  remove  the  child  therefrom. 

§  10.  [Inducing  children  to  leave.  Penalty.]  It  shall  be  unlawful  for  any 
person  to  induce  any  child  to  leave  the  building,  or  the  premises,  or  custody  or 
control  of  any  children's  aid  society,  or  of  any  duly  incorporated  boys'  or  girls' 
home  or  orphanage,  or  children's  or  infants'  home,  or  to  induce  or  attempt  to  induce 
a  «hild  to  leave,  or  quit  any  service  or  apprenticeship,  or  any  place  in  which  or 
where  the  child  has  been  or  my  be  lawfully  placed,  for  the  purpose  of  being  nursed, 
supported,  educated  or  adopted,  or  to  induce  or  attempt  to  induce,  any  child,  to  break, 
any  article  of  apprenticeship  or  agreement  lawfully  entered  into  by  or  with  the 
authority  of  the  trustees  or  governing  body  of  any  such  home,  children's  aid  society 
or  asylum,  respecting  any  such  child,  or  to  detain  or  harbor  any  such  child,  after 
demand  made  by  or  on  behalf  of  any  officer  of  any  such  institution  for  delivery  of 
such  child :  any  person  who  violates  the  provisions  of  this  section  shall  be  liable  upon 
conviction  before  any  court  of  competent  jurisdiction  to  a  fine  of  not  exceeding 
twenty  dollars  and  costs,  and,  in  default  of  payment  thereof,  to  imprisonment  not 
exceeding  thirty  days. 

§  11.  [Provisions  for  support.]  Any  city  council  in  a  city  of  the  first  or 
second  class  having  jurisdiction,  may  at  their  discretion,  upon  the  application  of 
any  incorporated  children's  aid  society,  or  institution  to  whose  custody  and  control, 
a  child  has  been  committed  by  any  court  of  summary  jurisdiction,  make  an  order  for 
the  payment  out  of  the  treasury  of  the  city  to  which  the  child  belongs,  of  a  reason- 
able sum,  not  to  exceed  thirty  cents  per  day  for  the  actual  number  of  days  the 
said  children's  aid  society  are  actually  providing  for  said  child,  and  said  thirty  cents 
per  day,  shall  be  considered  to  cover  all  expenses  incurred  on  the  part  of  the  said 
children's  aid  society,  or  institution  in  temporarily  caring  for  said  child,  finding  a 
home  for  it,  and  subsequent  provision  of  it,  the  city  being  exempt  from  all  further 
responsibility  and  expense  of  said  child  until  it  is  of  legal  age.  Any  child  shall  be 
deemed  to  belong  to  the  city  in  which  said  child  has  last  resided  for  the  period  of 
one  year,  but  in  the  absence  of  evidence  to  the  contrary,  residence  for  one  year  in 
the  city  from  which  the  child  was  taken  into  custody  shall  be  presumed. 

a.  When  any  .child  has  resided  in  a  county  outside  of  any  city  of  the  first  or 
second  class,  then  the  board  of  county  commissioners  of  said  county  may  under 


REPORT  OF  THE  PROBATION  COMMISSION.  275 

the  circumstances  above  set  forth,  make  an  order  for  the  payment  out  of  the  county 
treasury  to  such  children's  aid  society  of  a  sum  not  to  exceed  thirty  cents  per  day 
as  above  provided  in  the  case  of  cities  of  the  first  class  and  second  class. 

b.  Any  child  shall  be  deemed  to  belong  to  the  county  in  which  said  child  has 
last  resided,  for  the  period  of  one  year,  but  in  the  absence  of  evidence  to  the 
contrary,  residence  for  one  year,  in  the  county  from  which  the  child  was  taken  into 
custody,  shall  be  presumed. 

§  12.  [Where  children  to  be  confined.]  In  any  and  every  incorporated  munici- 
pality, children  under  the  age  of  sixteen  years,  who  are  brought  before  auy 
court  of  summary  jurisdiction  for  examination,  under  any  of  the  provisions  of  this 
act,  shall  not  before  trial  or  examination,  be  confined  in  the  jails,  lock-ups,  or  poHce 
cells,  used  for  ordinary  criminals  or  persons  charged  with  crime,  nor  save  as  here- 
inafter mentioned,  shall  children  be  tried  or  have  their  cases  disposed  of  in  the  po- 
lice court  ordinarily  used  as  such.  It  shall  be  the  duty  of  such  municipalities  to 
make  separate  provisions  for  the  custody  and  detention  of  such  children  prior  to 
their  trial  or  examination,  whether  by  arrangement  with  some  member  of  the  police 
force  or  other  person  or  society  who  may  be  willing  to  undertake  the  responsibility 
of  such  temporary  custody  or  detention,  on  such  terms  as  may  be  agreed  upon,  or 
by  providing  suitable  premises  entirely  distinct  and  separate  from  the  ordinary  jails, 
lock-ups,  or  police  cells ;  and  it  shall  be  the  duty  of  the  court,  to  try  all  such  chil- 
dren or  examine  into  their  cases,  and  dispose  of  them,  where  practicable,  in  prem- 
ises other  than  the  ordinary  police  court  premises,  or  where  this  is  not  practicable, 
in  a  private  office  of  the  court,  if  he  have  one,  or  in  some  other  room  in  the  build- 
ing ;  if  this  be  not  practicable,  then  in  the  ordinary  police  court  room,  but  only  in 
such  last  mentioned  case  when  an  interval  of  two  hours  have  elapsed,  after  the 
other  criminal  trials  or  examinations,  for  the  day,  have  been  disposed  of.  The  court 
may  exclude  from  th«  room  or  place  where  any  child  under  sixteen  years  of  age  is 
being  tried,  or  having  its  case  examined,  or  any  parent,  charged  with  an  offense, 
in  respect  to  a  child  under  this  act,  or  otherwise  with  neglect  or  cruelty  to  his  child, 
is  being  tried  or  examined,  all  persons  other  than  the  counsel  and  witnesses  in  the 
case,  officers  of  the  law  or  of  any  children's  aid  society  or  institution,  and  the  rel- 
ative of  the  child  or  parent. 

§  13.  [Child  presumed  under  age.]  When  a  person  is  charged  with  an  offense 
under  this  act  in  respect  to  a  child  who  is  alleged  to  be  under  any  specific  age,  and 
the  child  appears  to  the  court  to  be  under  that  age,  such  child  shall  for  the  purpose 
of  this  act,  be  deemed  to  be  under  that  age,  unless  the  contrary  is  proven. 

§  14.  [Record  to  be  kept]  All  children's  aid  societies  and  institutions  shall 
keep  a  complete  record  of  such  children,  so  far  as  can  be  obtained,  giving  the  name, 
n&.tionality,  whole  number  of  children  in  the  family,  name  of  mother,  when  and 
where  parents  were  married,  time  and  place  of  child's  birth  ;  also,  whether  either  or 
bcth  arc  living,  and  if  so,  where  ;  also,  whether  or  not  the  parents  are  divorced,  and 
if  so,  when  and  where,  and  who  was  given  the  custody  of  this  .child. 

§  15.  [Inspection  and  visitation.  Statement.]  All  societies  or  associations  re- 
ceiving children  under  the  provisions  of  this  act,  shall  be  subject  to  visita- 
tion, inspection  and  supervision  by  the  board  of  county  commissioners  of  the  county 
in  which  they  conduct  their  institution.  The  courts  hereinbefore  mentioned  may  re- 
quire such  information  and  statistics  from  associations  or  children's  aid  societies  or 
institution,  as  desire  to  have  children  committed  to  their  care,  under  the  pro- 
visions of  this  act,  as  said  judges  deem  necessary,  in  order  to  enable  them  to  exer- 
cise a  wise  discretion  in  dealing  with  children.  Every  such  association  shall  file  with 
the  county  commissioners  of  each  county  from  which  they  have  received  children 
during  the  year,  an  annual  written  report,  which  shall  include  a  statement  of  the 
number  of  children  cared  for  during  the  year,  the  number  received,  the  number 
placed  in  homes,  the  number  who  have  died,  the  number  returned  to  friends ;  also, 
a  financial  statement,  showing  the  receipts  and  disbursements  of  the  association.  The 
statements  of  receipts  shall  indicate  the  amount  received  from  public  funds,  the 
amount  received  from  donations,  and  the  amounts  received  from  other  sources.  The 
statement  of  disbursements,  shall  show  the  amount  expended  for  salaries  and  other 
expenses,  specifying  the  same  ;  the  amount  expended  for  lands,  buildings,  and  invest- 
ments. 


276  REPORT  OF  THE  PROBATION  COMMISSION. 

Juvenile  Courts  and  Probation  System. 
Chapter  117,   March  16,   1905. 

AN  ACT  providing  for  juvenile  courts,  providing  for  the  appointment  of  the  pro- 
bation officers,  outlining  their  duties  and  specifying  their  compensation ;  pro- 
viding a  method  of  procedure  against  juvenile  delinquents,  specifying  places 
for  their  temporary  and  permanent  detention,  and  the  compensation  for  their 
care ;  providing  for  the  time  and  place  of  trial ;  defining  delinquent  child  and  de- 
linquent person ;  providing  punishment  for  all  delinquents. 

Section  1.  [Juvenile  court  created.  Jurisdiction  of  juvenile  court  commission.] 
In  cities  of  the  first  and  second  class  there  is  hereby  created  a  special  court,  to  be 
known  as  the  juvenile  court,  which  shall  have  jurisdiction  in  all  cases  relating 
to  children,  including  juvenile  delinquents,  as  described  in  section  six  of  .this  act, 
and  of  the  hearing  and  punishment  of  all  delinquent  adult  persons  as  described 
in  section  seven  of  this  act.  This  court  shall  have  jurisdiction  in  all  cases  where 
the  custody  or  legal  punishment  of  children  is  in  question.  The  judge  of  said 
court  shall  be  known  as  the  judge  of  the  juvenile  court,  and  shall  be  appointed  by  a 
commission  to  be  known  as  the  juvenile  court  commission,  consisting  of  a  mayor, 
chief  of  police  and  city  superintendent  of  schools.  He  shall  hold  office  for  a  term 
of  four  years,  or  until  his  successor  shall  be  appointed,  provided,  said  commission 
shall  appoint  said  judge  within  thirty  days  after  the  enactment  of  this  law,  whose 
term  shall  expire  December  31st,  1908.  Said  judge  shall  receive  a  salary  of  not 
more  than  one  thousand  dollars  per  year.  The  clerk  of  the  city  court  shall  be  the 
clerk  of  the  juvenile  court  in  cities  of  the  first  class,  and  the  clerk  of  the  municipal 
court  shall  be  the  clerk  of  the  juvenile  court  in  cities  of  the  second  class,  and  shall 
keep  a  register  of  the  proceedings  in  a  book  to  be  known  as  the  juvenile  register. 

§  2.  [Probation  officer.  Compensation.  Duties.]  In  every  county  of  the  state 
there  may  be  appointed  by  the  judge  of  the  district  court  having  jurisdiction  one  dis- 
creet person  of  good  moral  character,  who  shall  be  known  as  the  probation  officer, 
who  shall  serve  during  the  pleasure  of  the  court,  and  shall  receive  for  his  or  her 
services  a  sum  not  to  exceed  four  dollars  per  day  while  actually  on  duty,  said 
amount  to  be  determined  by  the  county  commissioners.  And  provided,  that  the 
said  judge  of  the  district  court  may  appoint  as  probation  officers  such  other  discreet 
persons  of  good  moral  character  who  are  willing  to  serve  without  compensation  from 
the  court.  Provided  further,  that  in  counties  .containing  cities  of  the  first  and 
second  class  where  a  special  juvenile  court  is  established  under  section  one,  of  this 
act,  the  probation  officer  or  officers  shall  be  appointed  by  the  judge  of  the  juvenile 
court  and  serve  at  his  pleasure.  One  of  the  officers  therein  shall  be  designated,  when 
appointed,  as  the  chief  probation  officer  and  shall  be  paid  a  salary  not  to  exceed  five 
hundred  dollars  per  year  from  the  court  Probation  officers  appointed  by  the  judge 
of  the  court  shall  not  have  Jurisdiction  in  cities  of  the  first  and  second  class,  situ- 
ated in  the  county  for  which  they  have  been  appointed.  It  shall  be  the  duty  of 
the  clerk  of  the  district  court  to  notify  all  courts  and  magistrates  of  any  county  in 
which  said  officer  is  appointed,  giving  them  the  name  and  post  office  address  of  such 
officer.  In  case  a  probation  officer  shall  be  appointed  by  the  court  it  shall  be  the 
duty  of  the  clerk  of  the  court,  to  notify  the  said  probation  officer  when  any  child  is  to 
be  brought  before  the  court;  it  shall  be  the  duty  of  such  probation  officer  to  make 
investigation  of  such  case ;  to  be  present  in  court  to  represent  the  interests  of  the 
child  when  the  case  is  heard,  to  furnish  to  the  court  such  information  and  assist- 
ance as  the  court  may  require,  and  to  take  charge  of  any  child  before  and  after  trial 
as  may  be  directed  by  the  court.  Paid  probation  officers  provided  for  in  this  act  are 
hereby  vested  with  all  power  and  authority  of  sheriffs  to  make  arrests  and  perform 
other  duties  incident  to  their  office.  Before  the  fifteenth  day  of  December  of  each  year 
the  probation  officers  of  each  county  shall  submit  to  the  board  of  county  commis- 
sioners a  report  in  writing,  showing  the  number  and  disposition  of  delinquent  chil- 
dren brought  before  the  courts  during  the  year  ending  November  30th  previous.  Be- 
tween the  first  and  fifteenth  days  of  November  of  each  year  the  probation  officers 
of  each  county  shall  submit  to  the  board  of  county  commissioners  a  report  in  writing 
showing  the  number  and  disposition  of  delinquent  children  brought  before  the  courts, 
together  with  such  other  useful  information  regarding  such  cases ;  and  the  parentage 
of  such  children  as  may  be  obtained  at  the  trials  thereof.  Provided,  that  the  iden- 
tity of  any  such  child  or  parent  shall  not  be  disclosed  in  such  report.  Provided, 


KEPORT  OF  THE  PROBATION  COMMISSION.  277 

that  in  cities  of  the  first  and  second  class  where  juvenile  courts  are  established  the 
judge  of  said  juvenile  court  with  the  assistance  of  the  chief  probation  officer  shall 
make  such  report  to  the  juvenile  court  commission. 

§  3.  [Proceedings  by  complaint.]  All  proceedings  under  this  act  shall  be  by  com- 
plaint or  sworn  statement  to  be  filed  as  in  other  cases  under  the  general  laws  of  the 
state:  provided,  that  probation  officers  provided  for  by  this  act  are  hereby  em- 
powered to  conduct  proceedings  against  any  child  under  this  act  at  the  request  or  in 
the  absence  of  the  county  attorney.  In  any  such  complaint  or  sworn  statement  filed 
under  this  act,  the  act  or  acts  claimed  to  have  been  committed  by  the  child  proceeded 
against  shall  in  a  general  way  be  stated  therein  as  constituting  such  child  a  juvenile 
delinquent  or  person. 

§  4.  [Procedure  in  juvenile  courts.  Juvenile  department  of  district  court.]  In 
cities  of  the  first  and  second  class,  where  juvenile  courts  have  been  established, 
when  any  child  eighteen  years  of  age  or  under,  is  arrested  with  or  without  warrant, 
such  child  shall  instead  of  being  taken  before  a  justice  of  the  peace  or  judge  of  the 
city  court,  be  taken  directly  before  the  juvenile  court ;  or  if  the  child  is  taken  before  a 
justice  of  the  peace  or  judge  of  the  city  court,  upon  complaint  sworn  out  in  such 
court  or  for  any  other  reason,  it  shall  be  the.  duty  of  such  justice  of  the  peace  or 
judge  of  the  city  .court  to  transfer  the  case  to  the  juvenile  court,  and  the  officer  having 
the  child  in  charge  to  take  the  child  before  that  court,  and,  in  any  such  case  the  court 
may  proceed  to  hear  and  dispose  of  the  case  in  the  same  manner  as  if  such  child  had 
been  brought  before  the  court  upon  information  originally  provided,  or,  when  nec- 
essary, in  cases  delinquency  charged  would  otherwise  constitute  a  felony,  may 
direct  such  child  to  be  kept  in  proper  custody  until  an  information  or  complaint 
may  be  filed  as  in  other  cases  under  this  act  or  the  laws  of  the  state ;  provided, 
that  nothing  herein  shall  be  construed  to  confer  jurisdiction  upon  any  justice  of 
the  peace  or  judge  of  the  city  court  to  try  any  case  against  any  child  eighteen  (18) 
years  of  age  or  under.  In  counties  where  a  probation  officer  has  been  appointed, 
whenever  a  complaint  is  made  or  pending  against  a  child  claimed  to  be  a  delin- 
quent under  this  act,  before  any  court  or  magistrate  having  competent  jurisdiction 
thereof,  it  shall  be  the  duty  of  such  court  or  magistrate,  at  once,  before  any  other 
proceedings  are  had  in  the  case,  to  give  notice  in  writing  of  the  pendency  of  said 
cause  to  the  probation  officer  for  his  county,  who  shall  have  opportunity  to  investigate 
the  charge  or  charges,  and  upon  receiving  such  notice  the  probation  officer  shall  im- 
mediately proceed  to  inquire  into  and  make  a  full  .examination  of  the  parentage  of 
the  child,  and  of  the  facts  and  circumstances  of  the  .case,  and  report  the  same  in 
writing  to  the  court  or  magistrate,  who  shall  advise  and  counsel  with  the  said  pro- 
bation officer ;  and  if  upon  such  investigation  and  consultation  it  shall  appear  to  the 
court  or  magistrate  before  whom  the  complaint  is  made  that  said  child  is  guilty  as 
charged,  he  shall  immediately  certify  the  .case  to  the  district  court  and  transmit 
therewith  all  papers  relating  thereto,  and  the  probation  officer  shall  have  charge  of 
said  child  until  the  child  shall  be  brought  before  the  district  court  where  the  case 
shall  be  conducted  as  provided  for  in  the  provisions  of  this  act  referring  to  juvenile 
courts  and  the  duties  of  probation  officers.  For  the  purposes  of  this  act,  there  is 
hereby  created  a  juvenile  department  of  the  district  courts  outside  of  cities  of  the 
first  and  second  .class  and  all  proceedings  thereunder  shall  be  kept  in  a  record  to  be 
known  as  the  juvenile  register  and  which  shall  be  separate  and  apart  from  the  crim- 
inal record  of  said  district  court. 

§  5.  [Disposition  of  delinquent  children.]  In  any  case  of  a  delinquent  child  coming 
under  the  provisions  of  this  act,  the  court  may  continue  the  hearing  from  time  to  time 
and  may  commit  the  child  to  the  care  of  the  probation  officers,  and  may  allow  the 
child  to  remain  in  its  own  home,  subject  to  the  visitation  of  the  probation  officer; 
such  child  to  report  to  the  court  or  probation  officer  as  often  as  may  be  required, 
and  subject  to  be  returned  to  the  .court  for  further  proceedings  whenever  such  action 
may  appear  necessary ;  or  the  court  may  cause  the  child  to  be  placed  in  a  suit- 
able family  home,  subject  to  the  friendly  supervision  of  the  probation  officer  and  the 
further  order  of  the  court ;  or  it  may  authorize  the  child  to  be  boarded  out  in  some 
suitable  family  home,  in  case  provision  is  made  by  voluntary  contributions  or  other- 
wise for  the  payment  of  the  board  of  such  child,  until  suitable  provision  be  made 
for  the  child  in  a  home  without  such  payment;  or  the  court  may  commit  such  child 
to  the  State  Industrial  School,  or  the  court  may  commit  the  child  to  any  institution 
within  the  county,  incorporated  under  the  laws  of  the  state  that  may  care  for  chil- 
dren or  which  may  be  provided  by  the  state  or  county  suitable  for  the  care  of  .chil- 


278  REPORT  OF  THE  PROBATION  COMMISSION. 

dren,  or  to  any  state  institution  which  may  now  or  hereafter  be  established  for  the 
care  of  boys  and  girls.  In  no  case  shall  a  child,  proceeded  against  under  the  provi- 
sions of  this  act,  be  committed  beyond  the  age  of  twenty-one.  A  child  committed 
to  any  such  institution  shall  be  subject  to  the  control  of  the  board  of  managers 
cf  such  institution,  and  the  said  board  shall  have  power  to  parole  such  child  on  such, 
conditions  as  it  may  prescribe  and  the  court  shall,  on  the  recommendation  of  the 
board,  have  power  to  discharge  such  child  from  custody  whenever,  in  the  judgment 
of  the  court,  his  or  her  reformation  is  complete ;  or  the  court  may  commit  the  child 
to  the  care  and  custody  of  some  association  which  will  receive  it,  embracing  in  its 
objects  the  care  of  neglected  and  delinquent  children,  and  which  has  been  duly  credited 
as  herein  provided. 

§  6.  [Act  applies  to  whom.  "Delinquent  child"  denned.  Evidence  in  juvenile  court 
not  to  be  used  in  civil  courts.]  This  act  shall  apply  only  to  children  eighteen  years 
of  age  and  under,  not  inmates  of  a  state  institution,  or  any  institution  incorporated 
under  the  laws  of  the  state  for  the  care  and  correction  of  delinquent  children. 
"Delinquent  child"  shall  include  any  child  eighteen  years  of  age  or  under  such 
age,  who  violates  any  law  of  this  state  or  any  city  or  village  ordinance,  or  who  is 
incorrigible,  or  who  knowingly  associates  with  thieves,  vicious,  or  immoral  persons ; 
or  who  is  growing  up  in  idleness  or  crime  ;  or  who  knowingly  visits  or  enters  a  house 
of  ill  repute ;  or  who  knowingly  patronizes  or  visits  any  policy  shop,  or  place  where 
any  gambling  device  is  or  shall  be  operated,  or  who  patronizes  or  visits  any  saloon  or 
dram  shop,  where  intoxicating  liquors  are  sold ;  or  who  patronizes  or  visits  any  public 
pool  room  or  bucket  shop  ;  or  who  wanders  about  the  street  in  the  night  time  without 
being  on  any  lawful  business  or  occupation  ;  or  who  habitually  wanders  about  any  rail- 
road yards  or  tracks,  or  jumps  on  or  attempts  to  board  any  moving  trains  or  enters 
any  car  or  engine  without  lawful  authority ;  or  who  habitually  uses  vile,  obscene,  vul- 
gar, profane,  or  indecent  language,  or  is  guilty  of  defacing  or  of  writing  on  any 
wall  or  building  or  in  any  public  or  private  place,  any  vile,  obscene,  vulgar,  profane 
or  indecent  language,  or  drawing  any  obscene  or  vulgar  picture  or  pictures,  or  who  is 
guilty  of  any  immoral  conduct  in  any  public  or  private  place,  or  about  any  school 
house.  Any  child  committing  any  of  these  acts  herein  mentioned  shall  be  deemed 
a  juvenile  delinquent  person,  and  shall  be  proceeded  against  as  such  in  the  manner 
provided  in  this  act. 

A  disposition  of  any  child  under  this  act,  or  any  evidence  given  in  such  cause, 
shall  not  in  any  civil,  criminal,  or  other  cause,  or  proceeding  whatever  in  any  court, 
be  lawful  or  proper  evidence  against  such  child  for  any  purpose  whatever,  excepting 
in  subsequent  cases  against  the  same  child  under  this  act.  The  word  "child"  or 
"children"  may  mean  one  or  more  children,  and  the  word  "parent"  or  "parents"  may 
mean  one  or  both  parents  when  consistent  with  the  intent  of  the  act. 

§  7.  [Parents  of  delinquent  child  in  certain  cases  guilty  of  a  misdemeanor.]  In  all 
cases  where  any  child  shall  be  a  delinquent  child  or  juvenile  delinquent"  person,  as 
defined  by  section  six  of  this  act,  the  parent  or  parents,  legal  guardian,  or  person 
having  the  custody  of  such  child  or  any  other  person,  responsible  for  or  by  any  act 
encouraging,  causing  or  contributing  to  the  delinquency  of  such  child,  shall  be  guilty 
of  a  misdemeanor.  Whenever  a  complaint  is  made  against  such  delinquent  adult 
person,  the  said  delinquent  adult  person  shall  be  brought  before  the  juvenile  court 
wherever  such  courts  are  established,  and  shall  be  examined  by  said  juvenile  court, 
and  if  guilty,  this  court  upon  conviction  may  impose  conditions  upon  any  such  per- 
son and  so  long  as  such  person  shall  comply  therewith  to  the  satisfaction  of  the 
court,  the  sentence  imposed  may  be  suspended. 

§  8.  [Salaries  of  judge  and  probation  officer.]  In  cities  of  the  first  and  second 
class  where  there  are  juvenile  courts  the  salaries  of  the  judges  and  the  chief  probation 
officer,  if  there  be  any,  shall  be  fixd  by  the  juvenile  court  commissioner,  which  sal- 
aries and  the  costs  incurred  in  the  proceedings  in  said  courts,  shall  be  paid  out  of 
the  general  funds  of  the  city  in  which  said  courts  are  held,  as  near  as  may  be  in  the 
same  manner  as  the  judges  of  city  or  municipal  courts  and  the  costs  connected 
therewith  are  paid  as  the  case  may  be  :  Provided,  that  the  expenses  for  necessary 
supplies  for  said  courts  shall  be  furnished  in  the  same  manner  as  supplies  are 
furnished  for  city  and  municipal  courts. 

§  9.  [Judge  to  reside  in  city.  Court  room  to  be  provided.]  The  judge  of  the 
juvenile  .court  shall  reside  in  and  hold  court  in  the  city  in  which  he  is  appointed, 
and  the  city  council  of  such  city  shall  provide  suitable  rooms  for  said  court,  to- 
gether with  attendance,  furniture,  lights  and  stationery  sufficient  for  the  transaction  of 


REPORT  OF  THE  PROBATION  COMMISSION.  279 

business,  the  expenses  of  which  shall  be  paid  out  of  the  general  funds  of  the  city 
treasury. 

§  10.  [Service  of  process.]  The  laws  governing  city  and  municipal  courts  rela- 
tive to  the  service  of  process,  subpoenaing  and  paying  witnesses  and  other  costs  con- 
nected therewith,  are  hereby  made  applicable  upon  the  same  subjects  in  the  juvenile 
courts  where  not  otherwise  provided  for  in  this  act. 

§  11.  [Probation  officers  in  counties.]  In  counties  in  the  state  where  there  are 
probation  officers  duly  appointed  they  shall  present  their  claims  quarterly  in  accord- 
ance with  the  provisions  for  the  presentation  of  other  claims  against  counties,  to 
the  county  commissioners  of  the  county  in  which  their  services  are  rendered,  which 
bills  when  approved  by  said  commissioners  shall  be  paid  out  of  the  general  county 
funds  as  other  charges  against  said  counties. 

§  12.  [How  act  construed.]  The  provisions  of  this  act  shall  be  construed  in  ac- 
cordance with  the  provisions  in  section  4052,  Revised  Statutes  of  Utah,  1898. 

§  13.  This  act  shall  take  effect  upon  approval. 

VERMONT. 

County  Probation  Officers- 

Chapter  106,  November  27,   1900  :   repealing   1898  ch.   128. 
AN  ACT  relating  to  the  parole  of  prisoners. 

Section  1.  The  county  court  in  each  county  shall  appoint  some  suitable  person  res- 
ident therein  to  perform  the  duties  of  probation  officer  for  that  county  as  hereinafter 
defined,  who  shall  hold  office  during  the  pleasure  of  said  court  and  subject  to  its  di- 
rection, and  who,  in  the  execution  of  the  duties  of  his  office,  shall  have  all  the  powers 
of  a  police  officer. 

§  2.  The  probation  officer,  when  required  so  to  do  by  any  court  in  the  county  upon 
which  a  person  is  being  prosecuted  for  a  crime,  shall  inquire  into  the  circumstances 
of  the  particular  case  and  the  character  and  previous  record  of  the  accused,  and  may 
recommend  that  such  person,  if  convicted,  be  placed  on  probation.  The  court  shall 
pass  sentence  on  the  accused,  if  he  be  convicted,  and  may  then  place  the  person  so 
convicted  and  sentenced  in  the  care  and  custody  of  such  probation  officer  for  such 
time  and  upon  such  conditions  as  it  may  prescribe. 

§  3.  When  a  person  has  been  placed  on  probation,  the -court  may  authorize  and 
direct  the  probation  officer  to  expend  for  his  temporary  support  or  travelling  ex- 
penses, or  for  both  such  purposes,  such  reasonable  sum  as  the  court  may  deem  ex- 
pedient, and  any  and  all  sums  of  money  expended  by  the  probation  officer  under  sucb 
direction  shall  be  repaid  to  him  out  of  the  state  treasury  on  vouchers  approved  by 
the  court.  The  amount  so  authorized  to  be  expended  shall  be  entered  on  the  docket 
of  the  clerk  or  records  of  the  judge  or  justice  and  made  a  part  of  the  record  of  the 
case. 

§  4.  Every  person  released  on  probation  shall  be  furnished  by  the  probation  officer 
with  a  written  statement  of  the  terms  and  conditions  of  his  release.  In  case  he  vio- 
lates any  of  the  said  terms  or  conditions,  the  probation  officer  shall  forthwith  bring 
him  or  cause  him  to  be  brought  before  the  court  wherein  he  was  convicted  and 
sentenced,  or,  if  this  were  the  county  court  and  the  same  is  not  then  in  session,  then 
before  the  clerk  of  such  county  court,  and  such  court  or  clerk  shall  thereupon  issue 
a  mittimus  for  the  execution  of  the  sentence  imposed. 

§  5.  A  probation  officer  shall,  at  the  request  of  the  judges  of  the  supreme  court, 
investigate  the  case  of  any  person  on  trial  in  that  court  and  make  a  report  thereon 
to  the  court,  and  upon  the  order  of  said  court,  he  shall  take  on  probation  any  per- 
son sentenced  in  that  court. 

§  6.  Every  probation  officer  shall  keep  full  records  of  all  cases  placed  in  his  care 
by  the  courts,  and  of  all  other  duties  performed  by  him  under  this  act. 

§  7.  Whenever  an  appointment  is  made  under  this  act,  the  clerk  of  the  county 
court  shall  forthwith  notify  the  board  of  prison  commissioners,  giving  them  the  name 
and  address  of  the  person  appointed,  and  every  probation  officer  shall  make  a  monthly 
report  to  the  board  of  prison  commissioners  in  such  form  as  the  board  may  direct. 

§  8.  Every  person  under  probation  and  every  person  released  from  State  Prison  or 
house  of  Correction  under  a  permit  from  the  board  of  prison  commissioners  shall,  in 
addition  to  the  report  which  said  board,  may  require  from  him  make  a 


280  KEPORT  OP  THE  PROBATION  COMMISSION. 

monthly  report  to  the  probation  officer  of  the  county  in  which  he  resides  of  his 
whereabouts  and  present  employment,  and  giving  such  other  information  as  the 
probation  officer  may  require ;  and  upon  his  neglect  or  failure  so  to  do  to  the  satis- 
faction of  such  probation  officer,  the  probation  officer  shall,  in  the  case  of  a  person 
under  probation,  forthwith  apply  for  a  mittimus  as  provided  in  section  four  of  this 
act,  which  shall  be  issued  as  therein  provided  ;  or,  in  case  of  a  person  released  on  a 
permit  from  the  board  of  prison  commissioners,  shall  forthwith  apply  to  such  board 
of  prison  commissioners  for  a  copy  of  the  mittimus  on  which  the  original  commitment 
was  made,  which  copy  they  shall  thereupon  furnish,  and  which  shall  have  all  the 
force  and  effect  of  the  original  mittimus ;  and  in  either  such  case,  the  said  probation 
officer  shall  thereupon  cause  the  said  mittimus  or  copy  of  mittimus  to  be  executed  as 
provided  by  law. 

§  9.  The  compensation  of  each  probation  officer  shall  be  determined  by  the  court 
that  appointed  him,  and  shall  be  paid  fro'm  the  state  treasury  on  vouchers  approved 
by  said  court.  Actual  disbursements  for  necessary  expenses  shall  be  paid  in  the  same 
manner. 

§   10.  Number  one  hundred  twenty-eight  of  the  Acts  of  1898  is  hereby  repealed. 

WASHINGTON. 

Juvenile  Courts  and  Probation  System. 
Chapter  18,  February  15,  1905. 

AN  ACT  to  provide  for  the  apprehension,  trial,   treatment  and  control  of  delinquent 
children  under  the  age  of  seventeen  years. 

Section  1.  This  act  shall  apply  only  to  children  under  the  age  of  seventeen  years, 
not  now  or  hereafter  inmates  of  any  state  institution,  or  any  training  school  for 
boys,  or  industrial  school  for  girls,  or  some  institution  incorporated  under  the  laws 
of  this  state,  for  the  care  and  correction  of  "  delinquent  children  "  shall  include  any 
child  under  the  age  of  seventeen  years,  who  violates  any  law  of  this  state,  or  any  city 
or  town  ordinance ;  or  who  is  incorrigible ;  or  who  knowingly  associates  or  lives  with 
thieves,  vicious,  immoral  or  disreputable  persons ;  or  who  is  growing  up  in  idleness 
or  crime ;  or  habitually  begs  or  receives  alms ;  or  who  is  found  living  in  any  house 
of  ill  fame ;  or  who  knowingly  visits  or  enters  a  house  of  ill  repute ;  or  who  knowingly 
patronizes  or  visits  any  policy  shop  or  place  where  any  gambling  device  is  or  shall  be 
operated ;  or  who  patronizes  or  visits  any  saloon  or  dram  shop  where  intoxicating 
liquors  are  sold ;  or  who  patronizes  or  visits  any  public  pool  room  or  bucket  shop ; 
or  who  wanders  about  the  streets  in  the  night  time  without  being  on  any  lawful  busi- 
ness or  occupation  ;  or  who  habitually  wanders  about  any  railroad  yards  or  tracks,  or 
Jumps  or  hooks  onto  any  moving  train,  or  enters  any  car  or  engine  without  any 
lawful  authority ;  or  who  habitually  uses  vile,  obscene,  vulgar,  profane  or  indecent 
language ;  or  is  guilty  of  immoral  conduct  in  any  public  place,  or  about  any  school 
house ;  and  any  child  under  the  age  of  eight  years  who  is  found  peddling  or  selling 
any  articles  ;  or  singing  or  playing  any  musical  instrument  upon  the  street,  or  giving 
any  public  entertainment.  Any  child  doing  any  of  the  acts  herein  mentioned  shall  be 
deemed  a  juvenile  delinquent  person,  and  shall  be  proceeded  against  as  such  in  the 
manner  hereinafter  provided.  A  disposition  of  any  child  under  this  act,  or  any  evi- 
dence given  in  such  cause,  shall  not  in  any  civil,  criminal  or  other  cause  or  pro- 
ceeding whatever,  in  any  court,  be  lawful  or  proper  evidence  against  such  child  for  any 
purpose  whatever,  excepting  in  subsequent  cases  against  the  same  child  under  this 
act.  The  word  "child"  or  "children"  may  mean  one. or  more  children,  or  the  word 
"parent"  or  "parents"  may  mean  one  or  both  parents  when  consistent  with  the  intent 
of  this  act.  The  word  "association"  shall  mean  any  incorporation  which  includes  in 
its  purpose  the  care  and  disposition  of  children  consistent  with  the  intent  of  this  act. 

§  2.  The  superior  courts  in  the  several  counties  of  this  state  shall  have  original 
jurisdiction  in  all  cases  coming  within  the  terms  of  this  act.  In  all  trials  under  this 
act  any  person  interested  therein  may  demand  a  jury  trial,  or  the  judge  of  his  own 
motion,  may  order  a  jury  to  try  the  case. 

§  3.  In  counties  of  the  first  and  second  class  the  judges  of  the  superior  court  shall, 
at  such  times  as  they  may1  determine,  designate  one  or  more  of  their  number  whose 
duty  it  shall  be  to  hear  all  cases  arising  under  this  act.  A  special  session,  to  be 
designated  as  the  "Juvenile  Court  Session,"  shall  be  provided  for  the  hearing  of 


REPORT  OP  THE  PROBATION  COMMISSION.  281 

suoh  cases,  and  the  finding  of  the  court  shall  be  entered  in  a  book,  or  books,  to  be 
kept  for  that  purpose,  and  known  as  the  "Juvenile  Record;"  and  the  court  may, 
for  convenience,  be  called  the  "Juvenile  Court." 

§  4.  Any  reputable  person,  being  a  resident  in  the  county,  having  knowledge  of  a 
child  in  his  .county  who  appears  to  be  a  delinquent  within  the  meaning  of  this  act 
may  file  with  the  clerk  of  the  court  a  complaint,  in  writing,  setting  forth  the  facts, 
verified  by  affidavit.  It  shall  be  sufficient  that  the  affidavit  is  upon  information  and 
belief. 

§  5.  Upon  the  filing  of  an  information  or  the  complaint  the  clerk  of  the  court  shall 
issue  a  summons  requiring  the  person  having  custody  or  control  of  the  child  or  with 
whom  the  child  may  be,  to  appear  with  the  child  at  a  place  and  time  stated  in  the 
summons,  which  time  shall  not  be  less  than  twenty-four  hours  after  service. 
The  parents  of  the  child,  if  living,  and  their  residence  is  known,  or  its  legal  guardian, 
if  one  there  be,  or  if  there  is  neither  parent  nor  guardian,  or  if  his  or  her  resi- 
dence is  not  known,  then  some  relative,  if  there  be  pne,  and  his  residence  Is 
known,  shall  be  notified  of  the  proceedings ;  and  in  any  case  the  judge  shall  appoint 
some  suitable  person  or  association  to  act  in  behalf  of  the  child.  If  the  person  sum- 
moned, as  herein  provided,  shall  fail  without  reasonable  cause  to  appear  and  abide 
the  order  of  the  court,  or  to  bring  the  child,  he  shall  be  proceeded  against  as  in 
contempt  of  court.  In  -case  the  summons  cannot  be  served,  or  the  parties  served  fail 
to  obey  the  same,  and  in  any  case  when  it  shall  be  made  to  appear  to  the  court  that 
said  summons  will  be  ineffectual  a  warrant  may  issue  on  the  order  of  the  court,  either 
against  the  parent  or  guardian  or  the  person  having  custody  of  the  child,  or  with 
whom  the  child  may  be,  or  against  the  child  itself.  On  return  of  the  summons  or 
other  process,  or  as  soon  thereafter  as  may  be,  the  court  shall  proceed  to  hear  and 
dispose  of  the  case  in  a  summary  manner.  Pending  the  final  disposition  of  any  case 
the  child  may  be  retained  in  the  possession  of  the  person  having  charge  of  the  same, 
or  may  be  kept  in  some  suitable  place  provided  by  the  city  or  county  authorities,  or 
by  any  association  having  for  one  of  its  objects  the  care  of  delinquent  and  neglected 
children. 

§  6.  The  court  or  judge  designated,  as  provided  in  section  three  of  this  act,  shall 
appoint  or  designate  one  or  more  discreet  persons  of  good  character  to  serve  as  pro- 
bation officers  during  the  pleasure  of  the  court ;  said  probation  officers  to  receive  no 
compensation  from  the  public  treasury.  In  case  a  probation  officer  shall  be  appointed 
by  any  court  it  shall  be  the  duty  of  the  clerk  of  the  court,  if  practicable,  to  notify  the 
said  probation  officer  in  advance  when  any  child  is  to  be  brought  before  the  said 
court ;  it  shall  be  the  duty  of  said  probation  officers  to  make  such  investigation  as 
may  be  required  by  the  court,  to  be  present  in  order  to  represent  the  interests  of  the 
child  when  the  case  is  heard,  to  furnish  the  court  such  information  and  assistance  as 
the  judge  may  require,  and  to  take  such  charge  of  the  child  before  and  after  trial 
as  may  be  directed  by  the  court. 

§  7.  When  any  child  under  the  age  of  seventeen  years  shall  be  found  to  be  de- 
linquent within  the  meaning  of  this  act,  the  court  may,  at  any  time,  make  an  order 
committing  the  child  to  some  suitable  institution,  or  to  the  care  of  some  reputable 
citizen  of  good  moral  character,  or  to  the  care  of  some  training  school  or  industrial 
school  as  provided  by  law,  or  to  the  care  of  some  association  willing  to  receive  it, 
embracing  in  its  objects  the  purpose  of  caring  for  or  obtaining  homes  for  dependent, 
neglected  or  delinquent  children,  provided  such  order  may  be  temporary  or  perma- 
nent in  the  discretion  of  the  court  and  may  be  revoked  or  modified  as  the  circum- 
stances of  the  case  may  thereafter  require. 

§  8.  In  any  case  of  a  delinquent  child,  the  court  may  continue  the  hearing  from 
time  to  time,  and  may  .commit  the  child  to  the  care  and  guardianship  of  a  probation 
officer,  duly  appointed  by  the  court,  and  may  allow  said  child  to  remain  in  its  own 
home,  subject  to  the  visitation  of  the  probation  officer,  such  child  to  report  to  the 
probation  officer  as  often  as  may  be  required,  and  subject  to  be  returned  to  the  court 
for  further  proceedings  whenever  such  action  may  appear  to  be  necessary,  or  the  court 
may  commit  the  child  to  the  care  and  guardianship  of  the  probation  officer,  to  be 
placed  in  a  suitable  family  home,  in  case  provision  is  made  by  voluntary  contribu- 
tion, or  otherwise  for  the  payment  of  the  board  of  such  child,  until  a  suitable  pro- 
vision may  be  made  for  the  child  in  a  home  without  such  payment,  or  the  court  may 
commit,  the  child  to  a  suitable  institution  for  the  care  of  delinquent  children.  In 
no  case  shall  a  child  be  committed  beyond  his  or  her  minority.  A  child  committed 
to  such  institution  shall  be  subject  to  the  control  thereof,  and  the  said  institution 


282  REPORT  OF  THE  PROBATION  COMMISSION. 

shall  have  power  to  parole  such  child  on  such  conditions  as  it  may  prescribe,  and 
the  court  shall,  on  the  recommendation  of  said  institution,  have  power  to  discharge 
such  child  from  custody,  whenever,  in  the  judgment  of  the  .court,  his  or  her  reforma- 
tion shall  be  complete ;  or  the  court  may  commit  the  child  to  the  care  and  custody 
of  some  association  that  will  receive  such  child,  embracing  in  its  objects  the  care  of 
neglected  and  dependent  children. 

§  9.  No  court  or  magistrate  shall  commit  a  child  under  fourteen  years  of  age  to  a 
jail,  common  lock-up  or  police  station  ;  but,  if  such  child  is  unable  to  give  bail,  it 
may  be  committed  to  the  care  of  the  sheriff,  police  officer  or  probation  officer,  who 
shall  keep  said  child  in  some  suitable  place  or  house  or  school  of  detention  pro- 
vided by  the  city  or  county,  outside  of  the  enclosure  of  any  jail  or  police  station,  or 
in  the  care  of  any  association  willing  to  receive  it  and  having  as  one  of  its  objects 
the  care  of  neglected  and  dependent  children.  When  any  child  shall  be  sentenced 
to  confinement  in  any  institution  to  which  adult  convicts  are  sentenced,  it  shall  be 
unlawful  to  confine  such  child  in  the  same  building  with  such  adult  convicts,  or  to 
confine  such  child  in  the  same  yard  or  enclosure  with  such  adult  convicts,  or  to  bring 
such  child  into  any  yard  or  building  in  which  such  adult  convicts  may  be  present. 

§  10.  When  in  any  county  where  a  court  is  held  as  provided  in  section  three  of 
this  act,  a  child  under  the  age  of  seventeen  years  is  arrested  with  or  without 
warrant,  such  child  may,  instead  of  being  taken  before  a  justice  of  the  peace  or 
police  magistrate,  be  taken  directly  before  such  .court;  or  if  the  child  is  taken  before 
a  justice  of  the  peace  or  police  magistrate,  it  shall  be  the  duty  of  such  justice  of  the 
peace  or  police  magistrate  to  transfer  the  case  to  such  court,  and  the  officer  having 
the  child  in  charge  to  take  the  child  before  that  court,  and  in  any  case  the  court  may 
proceed  to  hear  and  dispose  of  the  case  in  the  same  manner  as  if  the  child  had  been 
brought  before  the  court  upon  complaint  as  hereinbefore  provided.  In  any  such  case 
the  court  shall  require  notice  to  be  given  and  investigation  to  be  made  as  in  other 
cases  under  this  act,  and  may  adjourn  the  hearing  from  time  to  time  for  such  pur- 
pose. 

§  11.  In  counties  of  the  first  and  second  class  it  shall  be  the  duty  of  the  proper 
authorities  to  provide  and  maintain,  at  public  expense,  a  detention  room,  or  house 
of  detention,  separated  or  removed  from  any  jail,  lock-up,  or  police  station,  to  be  in 
charge  of  a  matron,  or  other  person  of  good  character,  wherein  all  children  within 
the  provisions  of  this  act  shall,  when  necessary,  be  incarcerated. 

§  12.  This  act  shall  be  liberally  construed  to  the  end  that  its  purpose  may  be 
carried  out,  to  wit :  That  the  care,  custody  and  discipline  of  a  child  shall  approxi- 
mate, as  nearly  as  may  be,  that  which  should  be  provided  by  its  parents,  and  that  as 
far  as  practicable  any  delinquent  child  shall  be  treated,  not  as  a  criminal,  but  as 
misdirected  and  misguided,  and  needing  aid,  encouragement,  help  and  assistance. 

§  13.  That  no  fees  shall  be  charged  or  collected  by  any  officer  for  any  proceeding 
under  this  act. 

Suspension  of  Sentence  of  Misdemeanants  and  Felons  under  21. 

Chapter  24,  February  17,  1905.      . 

AN  ACT  providing  for  the  suspension  and  withholding  of  sentence  of  persons  under 
the  age  of  twenty-one  years,  who  have  been  convicted  of  a  misdemeanor  or  felony 
in  the  superior  .courts  of  the  state  of  Washington. 

Section  1.  That  if  any  person  under  the  age  of  twenty-one  years  shall  be  con- 
victed in  the  superior  court  of  the  state  of  Washington,  upon  trial  before  the  court 
or  courts  and  jury  on  a  plea  of  not  guilty,  or  before  the  court  upon  a  plea  of  guilty, 
of  any  misdemeanor  or  felony,  the  court,  in  its  discretion,  may  withhold  and  suspend 
sentence  and  order  the  accused  to  be  released  during  good  behavior ;  and  the  court 
shall  have  power  to  order  his  or  her  re-arrest  and  pronounce  sentence  whenever  the 
conduct  of  the  accused  shall,  in  the  opinion  of  the  court,  make  such  action  proper. 

§  2.  That  the  court  when  sentence  is  withheld  and  suspended  may  order  the  person 
convicted  to  enter  into  recognizance  to  be  approved  by  the  court  for  his  or  her  pres- 
ence before  the  court  at  all  times  whenever  the  court  shall  require,  and  the  person 
so  convicted  shall  report  to  the  court  from  time  to  time  as  the  court  shall  direct, 
and  the  court  shall  after  five  years,  if  the  party,  during  said  time,  has  been  law 
abiding,  of  good  habits,  sober  and  industrious,  vacate  and  set  aside  the  conviction  and 
dismiss  the  case,  which  fact  of  good  behavior  shall  be  shown  to  the  court  by  petition 
and  satisfactory  proof. 


REPORT  OP  THE  PROBATION  COMMISSION.  283 

WISCONSIN. 
Juvenile  Courts  and  Probation  System.  gj 

Chapter  90,  March  28,   1901. 

AN  ACT  to  regulate  the  treatment  and  control  of  dependent,  neglected  and  delinquent 
children  in  counties  having  over  one  hundred  and  fifty  thousand  population. 

Section  1.  The  provisions  of  this  act  shall  only  apply  to  counties  in  this  state 
having  over  one  hundred  and  fifty  thousand  population,  as  ascertained  by  the  last 
state  or  United  States  census.  For  the  purposes  of  this  act  the  words  "  dependent 
child,"  and  "neglected  child,"  shall  mean  any  child,  under  the  age  of  sixteen  years, 
who  for  any  reason  is  destitute  or  homeless,  or  abandoned,  or  dependent  upon  the 
public  for  support ;  or  has  not  proper  parental  care  or  guardianship ;  or  who 
habitually  begs  or  receives  alms ;  or  who  is  found  living  in  any  house  of  ill  fame,  or 
with  any  vicious  or  disreputable  person,  or  whose  home  by  reason  of  neglect,  cruelty 
or  depravity  on  the  part  of  its  parents,  guardian  or  other  person  in  whose  care  it  may 
be,  is  an  unfit  place  for  such  a  child  ;  and  any  child  under  the  age  of  eight  years  who  is 
found  peddling  or  selling  any  article,  or  singing  or  playing  any  musical  instrument 
upon  the  street,  or  giving  any  public  entertainmet  without  a  permit  therefor,  to  be 
issued  in  his  discretion  by  the  judge  of  the  juvenile  court  hereinafter  provided  for. 
The  words  "delinquent  child,"  shall  include  any  child  under  the  age  of  sixteen  yars, 
who  violates  any  law  of  this  state,  the  penalty  for  which  is  not  imprisonment  in 
the  state  prison,  or  who  violates  any  city  or  village  ordinance. 

§  2.  The  judges  of  the  several  state  and  .county  courts  of  record,  in  counties  where 
this  act  shall  be  in  force,  shall  at  such  times  as  they  shall  determine,  designate  one  or 
more  of  their  number,  whose  duty  it  shall  be  to  hear  at  such  place  and  time  as  he 
may  set  apart  for  such  purpose,  all  cases  coming  under  this  act,  and  in  case  of  the 
absence,  sickness  or  other  disability  of  such  judge,  they  shall  designate  some  other 
of  their  number  to  act  temporarily  in  his  place.  The  finding  of  the  court  shall  be 
entered  in  a  book  or  books  to  be  kept  for  that  purpose  and  known  as  the  "juvenile 
record,"  and  the  court  shall  be  called  for  convenience  the  "juvenile  court"  and  the 
clerk  of  the  court  of  which  such  judge  is  a  member  shall  be  the  clerk  of  such 
"juvenile  court."  In  all  trials  under  this  act  of  any  dependent  or  delinquent  child, 
any  person  interested  therein  may  demand  a  jury  of  six,  or  the  judge  of  his  own 
motion  may  order  a  jury  of  the  same  number  to  try  the  case.  Such  jury  when  de- 
manded or  ordered  shall  be  obtained  in  the  manner  provided  in  chapter  194  of  the 
Wisconsin  Statutes  of  1898  and  the  provisions  of  sections  4750  to  4758,  both  inclusive, 
of  said  chapter  194,  shall  be  applicable  to  all  such  trials. 

§  3.  The  court  shall  have  authority  to  appoint  or  designate  one  or  more  discreet 
persons  of  good  character  to  serve  as  probation  officers  during  the  pleasure  of  the 
court ;  said  probation  officers  to  receive  no  compensation  from  the  public  treasury.  In 
case  a  probation  officer  shall  be  appointed  by  any  court  it  shall  be  the  duty  of  the 
clerk  of  the  court,  if  practicable  to  notify  such  probation  officer  in  advance  when 
any  trial  is  to  be  brought  before  said  court;  it  shall  be  the  duty  of  said  probation  offi- 
cer to  make  such  investigation  as  may  be  required  by  the  court ;  to  be  present  in 
court  in  order  to  represent  the  interests  of  the  child,  when  the  case  is  heard ;  to  fur- 
nish the  court  such  information  and  assistance  as  the  judge  may  require,  and  to  take 
such  charge  of  any  child  before  and  after  trial  as  may  be  directed  by  the  court. 

§  4.  Any  reputable  person  being  a  resident  in  the  county,  having  knowledge  of  a 
child  in  his  county  who  appears  to  be  either  neglected,  dependent  or  delinquent,  may 
file  with  the  clerk  of  the  court  having  jurisdiction  in  the  matter,  a  petition  in  writ- 
ing setting  forth  the  facts,  verified  by  affidavit.  It  shall  be  sufficient  that  the 
affidavit  is  upon  information  and  belief. 

§  5.  Upon  the  filing  of  the  petition,  a  summons  shall  issue  from  the  court  re- 
quiring the  person  having  custody  or  control  of  the  child,  or  with  whom  the  child 
may  be,  to  appear  with  the  child  at  a  place  and  time  stated  in  the  summons,  which 
time  shall  be  not  less  than  twenty-four  hours  after  service.  The  parents  of  the  child, 
if  living,  and  their  residence  is  known,  or  its  legal  guardian,  if  one  there  be,  or  if 
there  is  neither  parent  or  guardian,  or  if  his  or  her  residence  is  not  known,  then 
some  relative,  if  there  be  one  and  his  residence  is  known,  shall  be  notified  of  the  pro- 
ceedings,, and  5n  any  case  the  judge  may  appoint  some  suitable  person  to  act  on  be- 
half of  the  child.  If  the  person  summoned  as  herein  provided  shall  fail  without  rea- 
sonable cause  to  appear  and  abide  the  order  of  the  court  or  to  bring  the  child,  he  may 


284  REPORT  OF  THE  PROBATION  COMMISSION. 

be  proceeded  against  as  in  case  of  contempt  of  court.  In  case  the  summons  can- 
not be  served,  or  the  party  served  fails  to  obey  the  same  and  in  any  case  when* 
it  shall  be  made  to  appear  to  the  court  that  such  summons  will  be  ineffectual,  a 
warrant  may  be  issued  on  the  order  of  the  court,  either  against  the  parent,  or 
guardian,  or  the  person  having  custody  of  the  child,  or  with  whom  the  child  may  be, 
or  against  the  child  itself.  On  the  return  of  the  summons  or  other  process,  or  as 
soon  thereafter  as  may  be,  the  court  shall  proceed  to  hear  and  dispose  of  the  case 
in  a  summary  manner.  When  any  child  under  the  age  of  sixteen  years  shall  be  found 
to  be  dependent  or  neglected  within  the  meaning  of  this  act  the  court  may  make 
an  order  committing  the  child  to  the  care  of  some  suitable  state  or  county  insti- 
tution as  provided  by  law,  or  to  the  care  of  some  incorporated  association  willing  to 
receive  it,  embracing  in  its  objects  the  purpose  of  caring  or  obtaining  homes  for  de- 
pendent or  neglected  children.  Pending  the  final  disposition  of  any  case  the  child 
may  be  retained  in  the  possession  of  the  person  having  the  charge  of  the  same  or 
committed  to  the  care  and  guardianship  of  the  probation  officer,  or  may  be  kept  in 
some  suitable  place  provided  by  the  proper  authorities. 

§  6.  In  case  of  a  delinquent  child  the  court  may  continue  the  hearing  from  time  to 
time,  and  may  commit  the  child  to  the  care  and  guardianship  of  a  probation  officer 
duly  appointed  by  the  court,  and  may  allow  such  child  to  remain  in  its  own  home, 
subject  to  the  visitation  of  the  probation  officer ;  such  child  to  report  to  the  probation 
officer  as  often  as  may  be  required,  and  subject  to  be  returned  to  the  court  for 
further  proceedings  whenever  such  action  may  appear  to  be  necessary ;  or  the  court 
may  commit  the  child  to  the  care  and  guardianship  of  the  probation  officer,  to  be 
placed  in  a  suitable  family,  subject  to  the  friendly  supervision  of  such  probation 
officer ;  or  it  may  authorize  the  said  probation  officer  to  board  out  the  child  in  some 
suitable  family  home,  in  case  provision  is  made  by  voluntary  contribution  or  other- 
wise, for  the  payment  of  board  of  such  child  until  a  suitable  provision  may  be  made 
for  the  child  in  a  home  without  such  payment ;  or  the  court  may  commit  the  child  if 
a  boy,  to  an  industrial  school  for  boys,  or  if  a  girl,  to  an  industrial  school  for  girls ; 
or  the  court  may  commit  the  child  to  the  care  of  some  association  or  institution  that 
will  receive  it,  embracing  in  its  objects  the  care  of  neglected,  dependent  or 
delinquent  children. 

§  7.  When  in  any  county  where  a  juvenile  court  is  held  as  provided  in  section  two 
of  this  act,  a  child  under  the  age  of  sixteen  years  is  arrested,  with  or  without  war- 
rant, charged  with  the  violation  of  any  law  of  this  state  the  penalty  for  which  it  not 
imprisonment  in  the  state  prison,  or  the  violation  of  any  city  or  village  ordinance, 
such  child  may,  instead  of  being  taken  before  the  justice  of  the  peace  or  police  mag- 
istrate, be  taken  directly  before  such  court,  or  if  the  child  be  taken  before  a  justice 
of  the  peace  or  police  magistrate,  it  shall  be  the  duty  of  such  justice  of  the  peace 
or  police  magistrate  to  transfer  the  case  to  such  court,  and  the  officer  having  the 
child  in  charge  to  take  such  child  before  that  court,  and  in  any  such  case  the  court 
may  proceed  to  hear  and  dispose  of  the  case  in  the  same  manner  as  if  the  child 
had  been  brought  before  the  court  upon  petition  as  herein  provided.  In  any  case 
the  court  shall  require  notice  to  be  given  and  investigation  to  be  made  as  in  other 
cases  under  this  act,  and  may  adjourn  the  hearing  from  time  to  time  for  the  pur- 
pose. 

§  8.  When  in  any  county  where  a  juvenile  court  is  held  as  provided  in  section  two 
of  this  act,  a  child  under  the  age  of  sixteen  years  is  arrested,  with  or  without  a  war- 
rant, charged  with  the  violation  of  any  law  of  this  state  the  penalty  for  which  is 
imprisonment  in  the  state  prison,  the  magistrate  before  whom  the  prisoner  is  brought 
shall  as  soon  as  may  be,  hold  a  preliminary  examination  of  the  offender,  and  all 
the  provisions  of  chapter  195  of  the  Wisconsin  Statutes  of  1898,  relative  to  the  arrest 
and  examination  of  offenders  shall  be  applicable,  except  that  in  case  it  shall  appear 
that  an  offense  has  been  committed  and  that  there  is  probable  cause  to  believe  the 
prisoner  guilty,  the  magistrate  shall  admit  the  prisoner  to  bail  or  commit  him  for 
trial  to  the  juvenile  court,  and  all  provisions  of  law  relating  to  proceedings  in  crim- 
inal cases  in  circuit  courts  shall  be  applicable  to  the  trial,  sentence  and  commitment 
of  such  offenders  in  such  juvenile  court ;  provided,  however,  that  such  court  may,  in 
its  discretion,  commit  such  offenders  as  provided  in  section  six  of  this  act. 

§  9.  No  court  or  magistrate  shall  commit  a  child  under  fourteen  years  of  age  to  a 
jail  or  police  station,  but  if  such  child  is  unable  to  give  bail  it  may  be  committed 
to  the  care  of  the  sheriff,  police  officer  or  probation  officer,  who  shall  keep  such  child 
in  some  suitable  place,  which  shall  be  provided  by  the  city  or  county  outside  of  the 


REPORT  OP  THE  PROBATION  COMMISSION.  285 

enclosure  of  any  jail  or  police  station.  When  any  child  under  sixteen  years  of  age 
shall  be  sentenced  to  confinement  in  any  institution  to  which  adult  convicts  are 
sentenced,  it  shall  be  unlawful  to  confine  such  child  in  the  same  room  with  such 
adult  convicts,  or  to  confine  such  child  in  the  same  yard  or  enclosure  with  such 
adult  convicts,  or  to  bring  such  child  into  any  yard,  hall  or  room  in  whichsuch  adult 
convicts  may  be  present. 

§  10.  The  judge  of  such  juvenile  court  may  appoint  a  board  of  six  reputable 
inhabtiants,  who  will  serve  without  compensation,  to  constitute  a  board  of  visitation, 
whose  duty  it  shall  be  to  visit  as  often  as  once  a  year,  all  institutions,  societies  and 
associations  receiving  children  under  this  act;  said  visits  shall  be  made  by  not  less 
than  two  of  the  members  of  said  board,  who  shall  go  together  or  make  a  joint  report; 
the  said  board  of  visitors  shall  report  to  the  court  from  time  to  time  the  condition  of  the 
children  received  by  or  in  charge  of  said  association  and  institutions,  and  shall  make 
an  annual  report  to  the  state  board  of  control  in  such  form  as  the  board-  may  pre- 
scribe. The  county  board  may  at  its  discretion,  make  appropriations  for  the  payment 
of  the  actual  necessary  expenses  incurred  by  the  visitors  in  the  discharge  of  their 
official  duties. 

§  11.  This  act  shall  take  effect  and  be  in  force,  from  and  after  three  months  next 
after  its  passage  and  publication. 

Juvenile  Courts  and  Probation  System. 
Chapter  97,  April  20,  1903  :   amdg.  1901  ch.  90. 

AN  ACT  to  amend  chapter  90  of  the  laws  of  1901  entitled  "An  act  to  regulate  the 
treatment  and  control  of  dependent,  neglected  and  delinquent  children  in.  coun- 
ties having  over  ono  hundred  and  fifty  thousand  population. 

Section  1.  Section  1  of  chapter  90  of  the  laws  of  1901  is  hereby  amended  to  read 
as  follows : 

§  1.  The  previsions  of  this  act  shall  only  apply  to  counties  in  this  state  having 
over  one  hundred  and  fifty  thousand  population,  as  ascertained  by  the  last  state  or 
United  States  census.  For  the  purposes  of  this  act  the  words  "  dependent  child " 
and  "  neglected  child,"  shall  rncuu  any  child  under  the  age  of  sixteen  years,  who  lor 
any  reason  is  destitute  or  homeless,  or  abandoned,  or  dependent  upon  the  public  for 
support ;  or  has  not  proper  parental  care  or  guardianship ;  or  who  habitually  begs  or 
receives  alms ;  or  is  found  living  in  any  house  of  ill-fame,  or  with  any  vicious  or 
disreputable  person,  or  whose  home  by  reason  of  neglect,  cruelty  or  depravity  on  the 
part  of  its  parents,  guardian  or  other  person  in  whose  care  it  may  be,  is  an  unfit 
place  for  such  a  child ;  and  any  child  under  the  age  of  eight  years  who  is  found 
peddling  or  selling  any  article,  or  singing  or  playing  on  any  musical  instrument  upon 
the  street,  or  giving  any  public  entertainment  without  .a  permit  therefore,  to  be 
issued  in  his  discretion  by  the  judge  of  the  juvenile  court  hereinafter  provided  for.  The 
words  "  delinquent  child  "  shall  include  any  child,  under  the  age  of  sixteen  years 
who  violates  any  law  of  this  state  the  penalty  for  which  is  not  imprisonment 
in  state  prison,  or  who  violates  any  city  or  village  ordinance  or  who  is  incorrigible; 
or  who  knowingly  associates  with  thievas,  vicious  or  immoral  persons  or  who  is 
growing  up  in  idleness  or  crime ;  or  who  knowingly  patronizes  any  place  where  any 
gaming  device  is  or  shall  be  operated.  Where  a  parental  school  is  available,  a  juvenile 
disorderly  person  shall  be  classed  as  a  delinquent. 

§  2.  Section  2  of  chapter  90  of  the  laws  of  1901  is  hereby  amended  to  read  as 
follows : 

§  2.  The  judges  of  the  several  state  and  county  courts  of  record  in  counties  where 
this  act  shall  be  in  force  shall,  at  such  times  as  they  shall  determine,  designate  one 
or  more  of  their  number,  whose  duty  it  shall  be  to  hear  at  such  place,  and  time  as 
"ha  may  set  apart  for  such  purpose,  all  cases  coming  under  this  act,  and  in  case  of 
the  absence,  sickness  or  other  disability  of  such  judge  he  shall  designate  a  judge  of 
any  court  of  record,  whose  duty  it  shall  be  to  act  temporarily  in  his  place.  The 
findings  of  the  court  shall  be  entered  in  a  book  or  books  to  be  kept  for  that  purpose 
and  known  as  the  "  juvenile  record,"  and  the  court  shall  be  called  for  convenience 
the  "juvenile  court,"  and  the  clerk  of  the  court  of  which  such  judge  is  a  member 
shall  be  the  clerk  of  such  juvenile  court.  In  all  trials  under  this  act  of  any  de- 
pendent or  delinquent  child,  any  person  interested  therein  may  demand  a  jury  of  six, 
or  the  judge  of  his  own  motion  may  order  a  jury  of  the  same  number  to  try  the 
case.  Such  jury  when  demanded  or  ordered  shall  be  obtained  in  the  manner  pro- 


286  REPORT  OF  THE  PROBATION  COMMISSION. 

vided  in  chapter  194  of  the  Statutes  of  1898,  and  the  provisions  of  sections  4750  to 
4758,  both  inclusive,  of  said  chapter  194  shall  be  applicable  to  all  such  trials. 

§  3.  Section  4  of  chapter  90  of  the  laws  of  1901  is  hereby  amended  to  read  as 
follows  : 

§  4.  Any  reputable  person  being  a  resident  of  the  county,  having  knowledge  of 
a  child  in  his  county  who  appears  to  be  either  neglected,  dependent  or  delinquent, 
may  file  with  the  clerk  of  the  court  having  jurisdiction  in  the  matter,  a  petition  in 
writing,  setting  forth  the  facts,  verified  by  affidavit.  It  shall  be  sufficient  that  the 
affidavit  is  upon  information  and  belief.  The  person  making  such  affidavit 
jhall  suffer  no  personal  risk  greater  than  when  the  proceeding  is  upon  warrant, 
providing  said  affidavit  is  made  in  good  faith. 

§  4.  Section  6  of  chapter  90  of  the  laws  of  1901  is  hereby  amended  to  read  as 
follows  : 

§  6.  When  any  child  shall  be  found  delinquent  within  the  meaning  of  this  act  such 
finding  shall  be  entered  by  the  clerk,  and  the  court  may  continue  the  hearing  from 
time  to  time  until  such  child  is  sixteen  (16)  years  of  age,  and  may  commit  the  child 
to  the  care  and  guardianship  of  a  probation  officer  duly  appointed  by  the  court  and 
may  allow  said  child  to  remain  in  its  own  home,  subject  to  the  visitation  of  the  pro- 
bation officer ;  such  child  to  report  to  the  probation  officer  as  often  as  may  be  re- 
quired, and  subject  to  be  returned  to  the  court  on  the  original  charge  for  further 
proceedings  whenever  such  action  may  appear  necessary  until  the  probation  officer 
has  filed  a  final  report,  or  is  dismissed  from  the  case ;  or  the  court  may  commit  the 
child  to  the  care  and  guardianship  of  the  probation  officer  to  be  placed  in  a  suitable 
family,  subject  to  the  friendly  supervision  of  such  probation  officer ;  or  it  may 
authorize  the  said  probation  officer  to  board  out  the  child  in  some  suitable  family 
home,  in  case  provision  is  made  by  voluntary  contribution,  or  otherwise,  for  the 
payment  of  the  board  of  such  child  until  a  suitable  provision  may  be  made  for  the 
child  in  a  home  without  such  payment ;  or  the  court  may  commit  the  child,  if  a  boy, 
to  an  industrial  school  for  boys,  or  if  a  girl,  to  an  industrial  school  for  girls ;  or 
the  court  may  commit  the  child  to  the  care  and  custody  of  some  association  or  insti- 
tution that  will  receive  it,  embracing  in  its  objects  the  care  of  neglected,  dependent 
or  delinquent  children.  No  conviction  in  a  juvenile  court  shall  be  receivable  in  evi- 
dence in  any  other  court.  No  costs  shall  be  taxed  against  nor  fines  imposed  upon  the 
defendant  in  any  case  in  a  juvenile  court. 

§  5.  Section  8  of  chapter  90  of  the  laws  of  1901  is  hereby  amended  to  read  as 
follows  : 

§  8.  When  in  any  county  where  a  juvenile  court  is  held  as  provided  in  section  2 
of  this  act,  a  child  under  the  age  of  sixteen  years  of  age  is  arrested  with  or  without 
a  warrant,  charged  with  the  violation  of  any  law  of  this  state  the  penalty  of  which 
is  imprisonment  in  state  prison,  the  magistrate  before  whom  the  prisoner  is  brought 
shall,  as  soon  as  may  be,  hold  a  preliminary  examination  of  the  offender,  and  all 
the  provisions  of  chapter  195  of  the  Statutes  of  1898,  relative  to  the  arrest  and 
examination  of  offenders  shall  be  applicable,  except  that  in  case  it  shall  appear 
that  an  offense  has  been  committed  and  that  there  is  probable  cause  to  believe  the 
prisoner  guilty,  the  magistrate  shall  admit  the  prisoner  to  bail  or  commit  him  for 
trial  to  the  juvenile  court,  or  to  the  current  term  of  the  court  having  jurisdiction 
of  such  cases,  and  the  case  shall  immediately  be  placed  on  the  calendar  for  trial, 
and  all  provisions  of  law  relating  to  proceedings  in  criminal  cases  in  cirucit  courts 
shall  be  applicable  to  the  trial,  sentence  and  commitment  of  such  offenders  in  such 
court ;  provided,  however,  that  such  court  may  in  its  discretion  commit  such  offenders 
as  provided  in  section  six  (6)  of  this  act. 

§  6.  Section  9  of  chapter  90  of  the  laws  of  1901  is  hereby  amended  to  read  as 
follows  : 

§  9.  No  court  or  magistrate  shall  commit  a  child  under  fourteen  (14)  years  of 
age  to  a  jail  or  police  station,  but  if  such  child  is  unable  to  give  bail  it  may  be 
committed  to  the  care  of  the  sheriff,  police  officer  or  probation  officer,  who  shall  keep 
such  child  in  some  suitable  place  which  shall  be  provided  by  the  county  outside  of 
the  building  or  enclosure  of  any  jail  or  police  station.  When  any  child  under  sixteen 
(16)  years  of  age  shall  be  sentenced  to  confinement  in  any  institution  to  which  adult 
convicts  are  sentenced,  it  shall  be  unlawful  to  confine  such  child  in  the  same  room 
with  such  adult  convicts,  or  to  confine  such  child  in  the  same  yard  or  enclosure  wit^ 
such  adult  convicts  or  to  bring  such  child  into  any  yard,  hall  or  room  in  which 
such  adult  convicts  may  be  present. 


REPORT  OF  THE  PROBATION  COMMISSION.  287 

§   7.   Chapter   90   of  the   laws  of   1901  is   hereby  amended  by  the  insertion  therein 
of  a  new   section   after  section   10,   to  read  as  follows : 
§   10-a.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

§  8.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage  and 
publication. 

Juvenile  Courts  and  Probation  System. 

Chapter  496,  June  20,   1905  :  amdg.   1901  ch.   90. 

AN  ACT  to  amend  chapter  90  of  the  laws  of  1901,   as  amended  by  chapters  97   and 
359  of  the  laws  of  1903,  relating  to  dependent,  neglected  and  delinquent  children. 

Section  1.  Section  1  of  chapter  90  of  the  laws  of  1901  as  amended  by  chapters  97 
and  359  of  the  laws  of  1903  is  hereby  amended  so  as  to  read  as  follows  :  Section  1. 
The  provisions  of  this  act  shall  only  apply  to  counties  containing  cities  of  the  first, 
second  and  third  classes,  as  ascertained  by  the  last  state  or  United  States  census. 
For  the  purposes  of  this  act  the  words  "  dependent  child,"  and  "  neglected  child," 
shall  mean  any  child  under  the  age  of  sixteen  years,  who  for  any  reason  is  destitute 
or  homeless,  or  abandoned,  or  dependent  upon  the  public  for  support ;  or  has  not 
proper  parental  care  or  guardianship ;  or  who  habitually  begs  or  receives  alms ;  or 
who  is  found  living  in  any  house  of  ill-fame,  or  with  any  vicious  or  disreputable  per- 
son, or  whose  home  by  reason  of  neglect,  cruelty  or  depravity  on  the  part  of  its 
parents,  guardian  or  other  person  in  whose  care  it  may  be,  is  an  unfit  place  for  such 
a  child ;  and  any  child  under  the  age  of  eight  years  who  is  found  peddling  or  selling 
any  article,  or  singing  or  playing  any  musical  instrument  upon  the  street,  or  giving 
any  public  entertainment  without  a  permit  therefor,  to  be  issued  in  his  discretion  by 
the  judge  of  the  juvenile  court  hereinafter  provided  for.  The  words  "  delinquent 
child,"  shall  include  any  child  under  the  age  of  sixteen  years,  who  violates  any  law 
of  this  state,  the  penalty  for  which  is  not  imprisonment  in  the  state  prison,  or  who 
violates  any  city  or  village  ordinance ;  or  who  is  incorrigible ;  or  who  knowingly 
associates  with  thieves,  vicious  or  immoral  persons ;  or  who  is  growing  up  in  idle- 
ness or  crime ;  or  who  knowingly  patronizes  any  place  where  any  gaming  device 
is  or  shall  be  operated  ;  or  who  knowingly  visits  or  enters  a  house  of  ill-repute ;  or 
who  patronizes,  visits  or  enters  any  stall  saloon,  or  wine  room,  or  any  saloon  fre- 
quented by  men  or  women  of  bad  repute ;  or  who  attends,  visits  or  enters  any  dance 
held  in  any  room  or  hall  in  conection  with  a  saloon,  unless  accompanied  by  parents 
or  legal  guardian ;  or  who  loafs  or  congregates  with  groups  or  gangs  of  other  boys 
at.  or  about  any  railroad  yards  or  tracks  ;  or  who  habitually  uses  obscene,  vulgar  or 
profane  language,  or  is  guilty  of  immoral  conduct  in  any  public  place,  or  about  any 
school  house.  "Where  a  parental  school  is  available,  a  juvenile  disorderly  person 
may  be  classed  as  a  delinquent. 

§  2.  Section  2  of  chapter  90  of  the  laws  of  1901  as  amended  by  section  2  of 
chapter  97  of  the  laws  of  1903,  is  hereby  amended  so  as  to  read  as  follows  :  Section 
2.  The  judges  of  the  several  courts  of  record  in  counties  where  this  act  shall  be  In 
force  shall,  at  such  times  as  they  shall  determine,  designate  one  or  more  of  their 
number,  whose  duty  it  shall  be  to  hear  at  such  place  and  time  as  he  may  set  apart 
for  such  purpose,  all  cases  coming  under  this  act,  and  in  case  of  the  absence,  sickness 
or  other  disability  of  such  judge  he  shall  designate  a  judge  of  any  court  of  record 
whose  duty  it  shall  be  to  act  temporarily  in  his  place.  The  findings  of  the  court 
shall  be  entered  in  a  book  or  books  to  be  kept  for  that  purpose,  and  known  as  the 
"  juvenile  record,"  and  the  court  shall  be  called  for  convenience  the  "  juvenile 
court,"  and  the  clerk  of  the  court  of  which  such  judge  is  a  member  shall  be  the 
clerk  of  such  "  juvenile  .court."  The  stenographic  reporter  of  the  court  of  which 
such  judge  is  a  member  shall  be  the  reporter  of  such  "juvenile  court,"  and 
shall  attend  all  sessions  thereof  and  take  down  in  shorthand  the  testimony  taken 
and  proceedings  had  at  such  sessions  and  promptly  transcribe  the  same  and  forthwith 
file  a  copy  with  the  clerk  of  such  court,  and  also  furnish  such  other  copies  as  the 
judge  shall  order.  The  judges  of  the  several  courts  of  record  in  counties  having 
o\er  150,000  population  rhail,  on  or  before  the  first  day  of  July,  1905,  and  on  the  first 
day  of  July  of  every  second  year  thereafter,  appoint  a  chief  probation  officer  of  said 
"  juvenile  court."  Said  chief  probation  officer  shall  be  on  duty  daily  during  the  same 
number  of  hours  as  the  clerks  of  the  courts  and  such  other  time  as  said  judge  may 
require,  either  in  attendance  upon  the  courts  or  in  an  office,  .or  part  thereof,  which 


288  REPORT  OF  THE  PROBATION  COMMISSION. 

shall  be  furnished  for  the  use  of  said  chief  probation  officer  by  the  board  of  super- 
visors of  said  county  in  the  building  in  which  said  "  juvenile  court "  is  held.  It 
shall  be  the  duty  of  said  chief  probation  officer  to  attend  all  the  sessions  of  the 
"  juvenile  court  "  and  to  take  such  action  as  shall  be  for  the  best  Interests  of  the 
children  brought  before  such  court,  to  supervise  the  work  of  the  probation  officers 
and  to  receive  and  file  their  monthly  and  final  reports ;  to  find  out  each  day  what 
children  are  in  custody  and,  before  each  session  of  said  "  juvenile  court,"  to  gather 
all  evidence  possible  for  the  protection  of  each  of  said  children ;  to  receive  all  per- 
sons having  business  before  the  "  juvenile  court "  and  assist  them  in  procuring 
necessary  and  suitable  papers,  and,  in  general  to  advise  all  persons  needing  Informa- 
tion in  regard  to  cases  in  which  children  are  concerned,  and  to  assist  in  the  proper 
disposition  of  all  such  matters  coming  before  the  courts,  and  to  perform  such  other 
duties  as  may  be  assigned  to  him  by  said  judge  of  the  "  juvenile  court."  But  it  shall 
not  be  part  of  the  duties  of  such  chief  probation  officer  to  visit  families  or  to  perform 
the  ordinary  duties  of  a  probation  officer  especially  appointed  for  an  individual  child. 
Such  chief  probation  officer  shall  receive  per  year  such  compensation  for  his  services 
as  shall  be  determined  by  the  county  board  of  said  county,  and  said  county  board  is 
empowered  to  fix  the  compensation  of  the  chief  probation  officer  in  the  same  manner 
as  the  salaries  of  the  other  officers,  and  the  compensation  of  the  chief  probation 
officer  or  his  substitute  provided  for  in  this  section,  shall  be  paid  monthly  by  the 
county  in  which  such  "  juvenile  court  "  shall  be  situated.  In  case  of  the  absence  or 
disability  of  said  chief  probation  officer  for  more  than  three  days,  he  shall  desig- 
nate some  competent  person  to  act  in  his  stead  to  be  approved  by  the  judge  of  the 
"  juvenile  court,"  who  shall  receive  during  such  appointment  compensation  for  his 
services  such  sum  as  shall  be  determined  by  said  county  board.  Said  chief  probation 
officer  or  his  substitute  may  be  removed  by  the  judges  of  the  courts  of  record  of  such 
county  for  incompetence,  or  wilful  or  habitual  neglect  to  perform  the  duties  of  his 
office.  In  all  trials  under  this  act  of  any  dependent  or  delinquent  child,  any  person 
interested  therein  may  demand  a  jury  of  six,  or  the  judge  of  his  own  motion  may 
order  a  jury  of  the  same  number  to  try  the  case.  Such  jury  when  demanded  or 
ordered  shall  be  obtained  in  the  manner  provided  in  chapter  194  of  the  Statutes  of 
1898,  and  the  provisions  of  sections  4750  to  4758,  both  inclusive,  of  said  chapter  194, 
shall  be  applicable  to  all  such  trials. 

§ ,  3.  This  act  shall   take  effect  and   be   in   force  from  and   after  its   passage  and 
publication. 


Appendix  C. 


REFERENCES  TO  LITERATURE  ON  PROBATION. 

Prepared  by  a  Sub-Committee,  Mr.  Frederic  Almy,  Chairman. 


CHILDREN'S  COURTS  IN  THE  UNITED  STATES.    THEIR 
ORIGIN,  DEVELOPMENT  AND  RESULTS. 

Reports  prepared  for  the  International  Prison  Commission,  Samuel  J. 
Barrows,  Commissioner  for  the  United  States,  Washington.  Government 
Printing  Office,  1904,  pp.  XVII,  203. 

Introduction,  by  Samuel  J.  Barrows,  IX-XVII. 

ILLINOIS  :     History  of  the  Children's  Court  in  Chicago,  by  Hon.  Richard  S.  Tuthill. 

pp.  1-7.     Development  of  the  Juvenile  Court  Idea,  by  T.  D.  Hurley,  Chicago. 
NEW  YORK:     History  of  the  Juvenile  Court  of  Buffalo,  by  Hon.  Thomas  Murphy. 

The  Child  of  the  Large  City,  by  Hon.  Julius  M.  Mayer. 

The  Children's  Court  of  Brooklyn,  by  Hon.  Robert  J.  Wllkin. 
COLORADO :     The  Juvenile  Court  of  Denver,  by  Judge  Ben  B.  Lindsey. 

Additional  report  on  methods  and  results,  by  Judge  Lindsey. 
PENNSYLVANIA:     A  Campaign  for  Childhood,  by  Hannah  Kent  Schaff. 
WISCONSIN:     History  of  the  Juvenile  Court  of  Milwaukee,  by  Bert  Hall. 
NEW   JERSEY:      History   of   the   Children's   Court   in   Newark,   by   Hon.   Alfred  P. 

Skinner. 
INDIANA:    The  Mission  of  the  Juvenile  Court  of  Indianapolis,  by  Hon.  Gteorge  W. 

Stubbs. 

The  Probation  System  of  the  Juvenile  Court  of  Indianapolis,  by  Mrs.  Helen  W. 

Rogers. 
MISSOURI :     The  change  wrought  by  the  Juvenile  Probation  System  in  St  Louis,  by 

Charlotte  C.  Eliot 
APPENDIX :     Juvenile  Court  Laws. 

California,  Colorado,  Indiana,  Pennsylvania,  Maryland,  Missouri,  Rhode  Island. 

Notes  from  Different  States. 

Connecticut,  Delaware,  District  of  Columbia,  Louisiana,  Massachusetts,  Michigan, 

New  York,   Nebraska,  North  Carolina,  Ohio,  Pennsylvania,  Tennessee. 

"  JUVENILE  COURTS  AND  WHAT  THEY  HAVE  ACCOMPLISHED."  Pamphlet 
published  by  Visitation  and  Aid  Committee,  79  Dearborn  St.,  Chicago,  Janu- 
ary, 1904.  112  pp.  50  cents. 

"  THE  PROBLEM  OF  THE  CHILDREN  AND  How  THE  STATE  OF  COLORADO  CARES 
FOR  THEM."  Being  the  report  of  the  Juvenile  Court  of  Denver,  1904.  pp. 
228.  25  cents.  ' 

REPORT  OF  THE  INDIANAPOLIS  JUVENILE  COURT.    Published  January,  1906. 

THE  JUVENILE  COURT  RECORD.  Published  monthly  by  the  Visitation  and 
Aid  Committee,  79  Dearborn  St.,  Chicago,  T.  D.  Hurley  and  James  L.  Clark, 
editors,  1900  to  date  (a  full  and  valuable  record  of  all  matters  bearing  on 
juvenile  courts  and  probation). 

THE  JUVENILE  ADVOCATE.  Published  monthly  by  the  Juvenile  Improvement 
Association,  832  Eighteenth  St.,  Denver,  Colorado.  Began  October,  1905. 

Bulletins  of  the  Massachusetts  Prison  Association.  Warren  B.  Spaulding 
Secretary.  Published  at  the  office  of  the  association,  Pemberton  Square, 
Boston. 

CHARITIES  REVIEW,  New  York,  Vols.  1-10  (1891-1901). 
IX   (March,  1899-Feb.  1900). 

101-2  Probation  in  Boston  Courts,  described  in  Baltimore  News  by  "Proba- 
tion Officer  Keefe  who  originated  the  system." 


292  REPORT  OP  THE  PROBATION  COMMISSION. 

127  Probation  of  Inebriates  in  Mass. 

500-507  "The  Penal  Aspects  of  Drunkenness."  Report  of  the  advisory  com- 
mittee appointed  by  Mayor  Quincy  of  Boston.  By  Edward  Cummings. 
(Discusses  the  application  of  Probation  to  Drunkenness). 

X   (March  1900-Feb.  1901). 

55-6  Boarding  Out  Juvenile  Offenders  in  Illinois. 

84-8  "  The  Massachusetts  Probation  System.  The  Experiences  of  a  District 
Attorney."  Report  of  Robert  0.  Harris. 

162-4  Description  of  probation  law  passed  in  N.  J. 

CHARITIES   (New  York).  '  Vols.  1-14   (1898-1905). 

IV.  (Dec.   1899-May,   1900). 

p.     7.     Children's  court  suggested  for  N.  Y. 

p.     6.     Interviews  in  N.  Y.  World  favoring  children's  court. 

p.     9.     Juvenile  probation  bill  in  N.  J. 

p.  15.     N.  Y.  Post  on  Chicago  juvenile  court. 

p.  12.-lbid. 

V.  (June,  1900-Dec.  1900). 

p.     7.     Chicago  Legal  News  on  juvenile  court  of  Chicago. 

p.     8.     Illinois  juvenile  court  law  in  full. 

p.     8.     Approves    plan    for    children's    court    in    N.    Y.    suggested    by 

Rev.  T.  L.  Kinkead. 

p.     8.     Discussion  of  proposed  children's  court  for  N.  Y. 
pp.  1-3.     The  Juvenile  Court  of  Chicago, 
p.  18.     "A  Children's  Court."     N.  Y.  Sun. 
p.  14.     Philadelphia  Medical  Journal  on  juvenile  courts. 

VI.  (Jan.  June  1901). 

41.  Annual  report  of  Chicago  juvenile  court. 

86.  Governor  of  Colorado  recommends  juvenile  courts. 

104-5.  Report   of    Charter    Revision    Committee    of    New    York    provides    for 
children's  court. 

106.  Bill  for  juvenile  court  in  Washington. 
144-6.  Letters  from  Judge  Deuel  on  proposed  children's  court  in  N.  Y. 

169.  Juvenile  probation  urged  in  Kansas  City. 

171.  Juvenile  court  of  Chicago. 

237.  Bill  for  juvenile  probation  in  Missouri. 

270.  N.  Y.  Law  Journal  for  March  25  commends  proposed  children's  court. 

273.  Bill  for  adult  probation  in  N.  Y.  considered. 

283.  Probation  law  passed  in  Missouri. 

284.  Chicago  juvenile  court. 

290.  Probation  laws  proposed  for  N.  Y.  and  Conn.    Passed  for  Mo.  and  N.  J. 

(cf.  p.  358). 

317.  Text  of  provision  for  children's  court  in  Revised  Charter,  N.  Y. 
335.  Probation  law  of  R.  I. 

358.  Work  of  probation  officer  of  Essex  Co.,  N.  J. 
358.  The  juvenile  court  law  in  Illinois. 
428.  Juvenile  court  laws  for  Mo.,  Wis.  &  D.  C.  are  printed  in  Juvenile  Court 

Record  for  April,  1901. 

VII.  (July-December,  1901). 

87.  Children's  court  in  N.  Y.,  to  be  opened  Jan.  1,  1902. 


REPORT  OF  THE  PROBATION  COMMISSION.  293 

103-5.  Probation  laws.  N'ew  York,  Kansas,  Pennsylvania.  Quotes  from  com- 
munication by  S.  J.  Barrows  to  National  Association  of  Chiefs  of 
Police  of  the  U.  S.,  published  in  the  International  Police  Journal  for 
June,  1901,  on  the  value  of  trained  police  officers  in  probation  work. 

162.  Juvenile  court  and  probation  law  in  Missouri.     Salaries  stated. 

363.  Juvenile  court  of  Buffalo  described. 
397-8.  "  Some  Probation  Work,"  by  Ada  Eliot. 

612.  Juvenile  courts  at  llth  Ohio  State  Conference. 

543.  Bonds  authorized  to  prepare  building  for  juvenile  court,  N.  Y. 

547.  Probation  in  N.  Y.  Court  of  Special  Sessions  by  Children's  Aid  Society. 

562.  Efforts  for  houses  of  detention  in  St.  Louis  and  Philadelphia. 

562.  Probation  officer  provided  by  Associated  Charities  in  Kansas  City. 

VIII.  (Jan.-June,  1902). 

77-8.  "  Some  Probation  Work  in  New  York  City,"  by  Ada  Eliot. 

86.  Bill  to  reorganize  children's  court,  N.  Y.  City. 

98.  Juvenile  courts  in  Baltimore,  Washington,  Cleveland. 

162.  Probation  by  police  officers. 

166-7.  Probation  work  in  N.  Y.  City.     Report  of  City  Magistrates  considered. 

233-5.  "  Impressions  of  Probation  Work,"  by  Ada  Eliot. 

244.  Juvenile  court  in  Washington. 

256.  Bill  to  reorganize  N.  Y.  City  children's  court  amended. 

311.  Children's  court  in  Des  Moines,  Cedar  Rapids,  Madison,  Minneapolis. 

350.  Law  passed  for  juvenile  court  and  probation  in  Baltimore. 

442.  Probation  in  Brooklyn.    Difficulties. 

443.  Law  for  juvenile  court  and  probation  in  New  Orleans. 
446.  Law  for  juvenile  court  and  probation  in  Galesburg,  111. 

506.  First  ten  months  of  juvenile  court  of  Philadelphia. 

IX.  (July-Dec.  1902). 

145.  Juvenile  court  in  Colorado.     Report  of  work. 
147.  Proposed  juvenile  court  in  Toledo. 
203.  Children's  court  in  N.  Y.  City  opened. 
259.  Personal  account  of  Ada  Eliot. 
261-284.  Probation  and  its  Problems.     Special  number. 

261-5.     "  Police  court  probation  work  in  N.  Y."     Frederick  A.  King. 

265-270.  Discussion  by  E.  F.  Jenkins,  N.  Y.,  and  T.  D.  Hurley,  Chicago. 

272-275.  Editorial  comment  on  probation. 

279-284.  "The  American  Probation  System,"  by  Ada  Eliot.     Address  at 

International  Children's  Congress.     London,   1902. 
307.  Constitutionality  of  juvenile  court  law  of  Pennsylvania. 
371.  Proposed  juvenile  court  in  St.  Louis. 
521.  Papers  at  3d  N.  Y.  State  Conference. 

X.  (Jan.-June,  1903). 

14.  Probation  in  New  Jersey. 

14.  Chicago  Record-Herald  on  Chicago  juvenile  court  after  three  years. 
405.  Indiana  -juvenile  court  law  described. 

507.  Extracts  from  address  of  Judge  Lindsey  at  30th  National  Conference. 
534.  Probation  successfully  applied  in  the  U.  S.  Navy,  1902. 

XL     (July-December,    1903). 

56.  Address  of  Judge  Heuisler,  to  Maryland  State  Bar  Association,  Law 
needs  amending. 


294  EEPORT  OF  THE  PROBATION  COMMISSION. 

58.  First  juvenile  court  session  in  Louisiana. 
395-434.  Special  Probation  Number,  Nov.  7,   1903. 
395-397.  Editorial. 

399-401.  "  Probation  work  in  Juvenile  Courts."     Judge  Heuisler,  Balti- 
more. 
403-413.  "  Some  Experiences  in  the  Juvenile  Court  of  Denver."     Judge 

Lindsey. 

414-415.  "A  Workshop  of  a  Probation  Officer,"  Sara  N.  Franklin,  Chicago. 
417-423.  "The  Child  of  the  Large  City."     Julius  M.  Mayer,  N.  Y. 
423-425.  "Development    of    the    Juvenile    Court    Idea."    T.    D.    Hurley, 

Chicago. 

425-428.  "  Pennsylvania's  Unfortunate  Children,"  Hannah  Kent  Schaff. 
428-430.  "A  Children's  Court  in  an  Orphan  House."     George  R.  Brown. 
430-432.  "  Before  and  After  in  St.  Louis."    Charlotte  C.  Eliot. 
459.  First  offenders  in  England.     Mention  of  letter  in  London   Times  by 
Wm.  Tallack  on  value  of  probation  and  juvenile  courts. 

XII.  (Jan.-Sept.  1904). 

G2-(>4.  Statistics  of  Paroled  Children,  N.  Y.  City.    E.  Fellows  Jenkins. 
233-4.  "  The  Juvenile  Court  Decision  in  Missouri."     The  law  sustained,  Judge 

B.  B.  Lindsey,  Denver. 

381.  Children's  court  commended  by  N.  Y.  S.  P.  C.  C. 

403-4.  "A  Denver  Election  and  what  it  means  outside  of  Denver."    Editorial. 
405.  "  Some    recent    advances    in    the    juvenile    court    movement."      (Iowa, 

Dist.  Columbia,  Atlanta.)     Editorial. 
670-1.  Review  of  Juvenile  Court  section,  National  Conference  at  Portland, 

Me.     Prof.  Henderson,  Chicago;  Judge  Stubbs,  Indianapolis). 
858.  "Punish  the  Real  Offender,  not  the  Child." 

954.  "  Boys  and  the  Denver  Juvenile  Court,"  extracts  from  report  of  Judge 
Lindsey,  Denver. 

XIII.  (Oct.  1904,  March,  1905). 

43.  Review  by  Mrs.  Kelly  of  Judge  Lindsey's  "  The  Problem  of  the  Children 

and  How  the  State  of  Colorado  Cares  for  Them." 
79-80.  Personal    account    of    Judge    Lindsey,    Denver. 

83.  Cleveland  juvenile  court.     Difficulties  as  to  separate  building. 
85.  Atlanta  juvenile  probation. 
159.  Juvenile  court  conference  in  Philadelphia. 
162-3.  Juvenile  courts  at  Second  Massachusetts  State  Conference. 
268.     Roosevelt  on  juvenile  courts,  in  Message  to  Congress. 
275.  Juvenile  courts  at  13th  Minn.  State  Conference. 
289.  Juvenile  courts  at  7th  Iowa  State  Conference. 
292.  Juvenile  courts  at  9th  Illinois  State  Confrence. 
29(5-8.  Juvenile  courts  at  13th  Indiana  State  Conference. 
323-368.  Special  Probation  Number,  January  7,  1905. 

323.  Editorial,  by  Homer  Folks. 

324.  Economic  Side  of  Parental  Responsibility,  by  Robert  J.  Wilkin. 

325.  Juvenile  Court  Law,  Minimum  Principles  which  should  be  stood  for, 

Harvey  B.  Hurd,  Chicago. 

329.  Digest  of  Statutes  Relating  to  Juvenile  Courts  and  Probation  Sys- 
tems, Helen  Page  Bates,  Albany. 

337.  Economics  of  the  Juvenile  Court,  Frederic  Almy,  Buffalo. 


REPORT  OF  THE  PROBATION  COMMISSION.  295 

340.  Problems  of  Administration.     Chas.  B.  Henderson,  Chicago. 

344.  The  Development  of  the  Probation  System  in  a  Large  City.    Julia 

C.  Lathrop,  Chicago. 
350.  The  Boy  and  the  Court.    The  Colorado  Law  and  Its  Administration. 

Ben  B.  Lindsey,  Denver. 

357.  The  Work  of  the  Probation  Officer  Among  Children.     Lucy  C.  Fri- 
day, Baltimore. 

385.  Woman  Probation  Officers  in  Brooklyn. 
499.  Juvenile  Court  Measures  in  N.  Y.,  The  Armstrong  laws. 
XIV.     (April,  Sept.  1905). 

649.  Chicago  juvenile  court.    Henry  H.  Thurston  to  make  thorough  study  of 

subject. 

649-50.  Juvenile  court  laws  for  Washington,  Nebraska,  Kansas  and  Utah. 
.  650.  Probation  legislation  in  N.  Y.  in  1905.    Armstrong  laws  stated. 
675.  Can  a  juvenile  court  supervise  juvenile  education?      (Chicago). 
686.  Salaries  for  women  officers  in  New  York  City. 

688.  Editorial  paragraph  on  Glasgow  Commission  to  inquire  into  American 
probation    system.    Discussed   in    Glasgow   Herald,  March   24,    1905; 
letter  from  Edward  Grubb  of  Howard  Association  on  probation  in 
U.  S. ;  references  to  article  by  Andrew  Reed  in  MacMillan's  Maga- 
zine, Nov.  1904,  and  article  by  G.  Franklin  Fort  in  Forum,  Feb. 
1902. 

692.  Reference  to  Juvenile  Court  Record  for  April,  1905,  which  gives  statis- 
tics of  children  committed  in  Chicago  before  and  after  opening  of 
juvenile  court. 

693-4.  "Penal  Conditions  in  Italy.    The  Need  of  Probation."    By  Lucy   O. 
Bartlett,  representative  in  Rome  of  the  Howard  Association. 

749.  N.  Y.  Probation  Commission  appointed. 

750.  Juvenile  court  laws  for  Rochester  and  Troy,  N.  Y. 
758.  Juvenile  court  in  Pittsburgh  described. 

758.  Juvenile  court  in  New  Orleans. 

871.  The  Spread  of  the  Juvenile  Court  Movement.     Editorial. 
873-4.  "The  Year  in   Juvenile  Courts."     Extracts   from   reports   by  Judge 

Lindsey  at  N.  C.  C.  C. 

917.  Names  of  N.  Y.  Probation  Commissioners. 
945.  The  Volunteer  and  the  Professional  Probation  Officer.    Comment  on 

article  by  Lucy  C.  Bartlett. 
955-7.  "The  Value  of  Volunteers  in  Probation  Work,"  by  Lucy  C.  Bartlett 

(with  special  reference  to  Indianapolis). 

994.  Civil  service  examination  for  Chicago  probation  officers. 
994.  N.  Y.  Children's  Court.     Statistics. 
996-8.  "  Discrimination   in   Dealing   with   Drunkenness.      The   Massachusetts 

Plan." 

1020.  Hypnotism  and  the  Juvenile  Court.    Judge  Lindsey,  Denver. 
1028-30.  Review  of  section  on  Juvenile  Court  at  National  Conference,  Port- 
land, Oregon. 
1082.  Prof.  Thurston  appointed  in  Chicago,  by  civil  service  examination. 

1094.  "Probation  Work  and  Civil  Service  Examinations."  N.  Y. 

1095.  What    Civil    Service    Can    Do?    Extract    from    editorial    in    Chicago 

Tribune,  Sep.,  1905. 


296  KEPORT  OF  THE  PROBATION  COMMISSION. 

XV.      (Oct.,  1905-March,  1906). 

79-81.  Negro  Children  Under  Probation,  by  Lucy  F.  Friday,  Juvenile  Court, 
Baltimore. 

135.  City  Magistrates  Before  the  N.  Y.  State  Probation  Commission. 

197.  Proposed  separate  building  for  Chicago  Juvenile  Court. 
203-6.  Railroads  and  Juvenile  Crime,  by  Myron  E.  Adams. 

364.  Essentials  of  Probation.     (Criticised  in  following  entry). 
413--4.  The  Parole  System  in  New  York,  by  E.  Fellows  Jenkins. 

512.  Proposed  Juvenile  Court  Laws  for  Washington,  D.  C. 

515.  Civil  sendee  examination  for  probation  officer. 

690.  Probation  work  in  New  Orleans.  * 

745.  Visiting  nurses  and  the  Chicago  Juvenile  Court. 

863.  Report  of  the  N.  Y.  State  Probation  Commission.    Editorial  comment. 
869-880.  Summary  of  report  of  N.  Y.  State  Probation  Commission. 
881-2.  Probation  work  under  civil  service. 

896.  Probation:  The  proposed  New  York  System.     Edward  T.  Devine. 

LONDON  CHARITY  ORGANISATION  SOCIETY  REVIEW  (New  Series) 
Vols.  1-18  (1897-1905).  (Volumes  1-12,  old  series,  1885-1896,  not 
examined). 

II.  105.  (1897)  Reviews  article  on  Prison  Treatment  of  Juvenile  Offenders,  by 
Maj.  Robert  White  in  Nineteenth  Century  for  August,  1897,  which 
speaks  of  examination  of  children  "  not  in  open  court "  in  France,  with 
investigation  by  agents  of  a  charitable  society  instead  of  by  the  police. 

II.  154-8.  (1897).  Review  of  Juvenile  Offenders,  by  W.  Douglas  Morrison, 
London,  pp.  317,  which  describes  Massachusetts  method  of  probation. 
The  reviewer  says  "  If  the  same  system  were  adopted  here  it  is  sug- 
gested that  the  necessity  for  sending  children  away  from  their  homes 
into  industrial  schools  would  frequently  be  avoided." 
Note. — Nothing  except  as  above  shown  in  indexes  of  London  C.  O.  fif. 

Review  from  1898  to  1905  inclusive  under  headings  Probation,  Parole,  Juvenile 

Courts,  or  Children's  Courts. 

NATIONAL  CONFERENCE  OF  CHARITIES  AND  CORRECTION. 

(Examined  from  1885-1904  inclusive). 

1897  (Toronto)  p.  38-46.    Probation  System,  by  Charlton  T.  Lewis. 
1903  (Atlanta)  Reports  from  States,    p.  29.    Juvenile  courts  in  California, 
p.  34.     Connecticut,  p.  52  Juvenile  court  bill  killed  in  Kansas, 
p.  64.     Probation  and  juvenile  court  bill  in  Michigan, 
p.  85.     Children's  court  in  N.  Y. 
pp.  206-244.     Section  on  Juvenile  Delinquents, 
pp.  206-230.     The   Reformation   of   Juvenile  Delinquents   through   the 

Juvenile  Court,  by  Judge  B.  B.  Lindsey,  Colorado. 

pp.  513-516.  Account  by  W.  A.  Wheeler,  probation  officer  of  the  West- 
boro  School  for  Boys,  Mass,  of  boys  placed  from  reformatories  on 
board  in  private  farms. 

519.  Indiana  juvenile  court  and  probation.  1904  (Portland,  Me.) 
Reports  of  States,  p.  47;  Juvenile  courts  in  Louisiana,  64;  Juvenile 
courts  in  Minneapolis  and  St.  Paul;  probation  with  paid  officers  in 
Duluth,  Minneapolis  and  St.  Paul,  67 ;  Juvenile  court  law  found 
unconstitutional  in  Nebraska,  91 ;  Authorization  of  juvenile  court 
in  Ohio,  94;  Juvenile  court  law  recommended  in  Oregon. 


REPORT  OF  THE  PROBATION  COMMISSION.  297 

pp.  350-379.    Section  on  Juvenile  Courts. 

pp.  350-357.  The  Mission  of  the  Juvenile  Court,  by  Judge  Geo.  W. 
Stubbs,  of  Indianapolis. 

pp.  358-369-  Theory  and  Practice  of  Juvenile  Courts,  by  Chas.  R.  Hen- 
derson, of  Chicago. 

pp.  369-379.  The  Probation  System-  of  tl\e  Juvenile  Court  of  Indian- 
apolis, by  Mrs.  Helen  W.  Rogers. 

pp.  448-455.    The  Principle  of  Probation,  by  Charlton  T.  Lewis. 

p.  579.  Juvenile  delinquents  placed  in  country  homes  by  Children's 
Aid  Society  of  Pennsylvania. 

pp.  587-589.  Financial  Side  of  Probation,  by  Wm.  F.  Spaulding,  of 
Boston,  pp.  589-592.  Discussion  by  Judge  Lindsey  of  Denver. 

NEW  YORK  STATE  CONFERENCES  OF  CHARITIES  AND  CORRECTION. 
1st  (Albany)   1900. 
45.     Probation  commended. 

126.  Children's  courts  recommended  by  Committee  on  Child  Saving. 
2nd.    (New  York)    190L 

pp.  283-295.     Juvenile  Courts  and  Juvenile  Probation,  by  Frederic 

Almy,  discussion  by  Homer  Folks,  pp.  295-300;  et  al.  pp.  300-303. 
3rd.     (Albany)    1902. 

pp.    135-139.     The    Juvenile    Court    of    Buffalo,    by    Judge    Thomas 

Murphy.     Discussion,  pp.  134-148. 

pp.  233-240.     Uniform  Parole  and  Probation,  by  Frederic  Almy. 
4th.     (Buffalo)    1895. 

32-3.  Juvenile  Courts.     George  McLaughlin. 
45.     Comment  on,  by  Julius  M.  Mayer. 
49.     Comment  on,  by  Samuel  J.  Barrows. 
5th    (Syracuse)    1904. 

112-118.     "The  Life  of  the  Street  as  it  affects  Juvenile  Delinquency," 

by  Judge  Wilkin  of  the  Children's  Court,  Brooklyn.      (Statistics  for 

Brooklyn  at  p.  118). 

NATIONAL  PRISON  ASSOCIATION.     Annual  Reports. 

(Examined  from  1887-1901.) 

1901.  pp.  219-223.     Probation,  by  Mrs.  Elizabeth  L.  Tuttle,  Boston. 
1903.  pp.  194-195.     Probation  Work,  by  Miss  Margaret  A.  Alexander,  Phila- 
delphia. 
1905.  pp.  170-182.     Childhood  and  Crime,  by  Hon.  Ben.  B.  Lindsay,  Judge 

Juvenile  Court,  Denver. 
ANNALS  of  the  American  Academy  of  Political  and  Social  Science.     Vols. 

(1890-1905). 

XIX.     147.    Note  on  juvenile  courts.    Unimportant. 
XX.     255-285.     Juvenile  Courts. 

25T.-268.  Probation  and  Juvenile  Courts,  by  Mrs.  Emily  E.  Williamson, 
Elizabeth,  N.  J. 

269-276.  The  Juvenile  Court  in  Philadelphia,  by  Judge  Abraham  M. 
Beitler. 

277-285.  Juvenile  Courts  in  Buffalo,  by  Frederic  Almy. 

XXIII.     (1904)   562-3.    Probation  for  Girls,  by  Amy  Wentworth  Stone.     (A 
claim  that  probation  is  effective  for  girls  arrested  for  immorality.) 


298  REPORT  OF  THE  PROBATION  COMMISSION. 

MISCELLANEOUS. 

Massachusetts    probation  system.    Boston.    Board  of  Managers,  World's  Fair, 

1903.    8  pp. 
Massachusetts.     Report  of  Committee  on  Probate  and  Insolvency  on  bills  to 

improve  the  probation  service  and  to  enlarge  the  power  of  the  courts  in 

probation  cases.  House  No.  1326.     1900.     6  pp. 
Homer  Folks.     Children's   Courts.     Pages   236-238   of  his  book   on   Care   of 

Destitute,  Neglected  and  Delinquent  Children.     N.  Y.  1902. 
Julius  M.  Mayer.    The  Children  and  the  Children's  Court.    Menorah,  vol.  35. 

pp.  129-139.    N.  Y.  1903. 
Report  of  the  Juvenile  Court  of  Chicago  for  the  year  ending  Dec.  31,  1904. 

J.  J.  McManaman,  Chicago,  1905.     37  pp. 
Juvenile  Court  Committee  of  Woman's  Clubs  of  Western  Pennsylvania.    Annual 

Report  N'o.  1,  1903-4.     Pittsburg. 
New  Century  Club.     What  the  juvenile  court  and  probation  system  has  done 

in  Philadelphia.    Official  report  from  court  records,  June  1901,  to  Nov. 

1902.     Phil.  1903.     30  pp. 
Baernreither,   J.   M.     Jugend   Fur-sorge   und   Strafrecht   in   den  Vereinigten 

Staaten  von  Amerika.     Ein  Beitrag  zur  Erziehungs-politik  unserer  Zeit. 

Leipzig,  Duncker  &  Humbest,  1905.    p.  LXXIII,  304. 
Reports  on  Probation.  Massachusetts. 

State  Board  of  Charities,  1869-78,  includes  annual  reports  of  State  visiting 

agent. 

State  Board  of  Health,  Lunacy  and  Charity,  1870-86. 
State  Board  of  Lunacy  and  Charity,  1886-91. 
Commissioners  of  Prisons,  1891-1901. 
Board  of  Prison  Commissioners,  1901  to  date. 

Colorado,  Annual  report  to  State  Board  of  Charities  and  Corrections. 
Cleveland,  Annual  report  to  State  Board  of  Charities  and  Corrections. 
Connecticut,  Annual  report  to  Conn.  Prison  Association. 
Indiana,  Annual  report  to  Board  of  Control. 
Indiana,  Annual  report  to  State  Board  of  Charities. 
Iowa,  Annual  report  to  Board  of  Control. 

Minnesota,  Quarterly  reports  to  Board  of  Control  of  State  Institutions. 
California  Probation  Law, 

See  Prison  Laws  of  California,  compiled  by  B.  F.  Smith,  p.  47,  Sacra- 
mento :  W.  W.  Shannon,  Supt.  of  State  Printing,  1903. 
Connecticut  Prison  Association, 

Reports  to  the  Governor  concerning  the  operation  of  the  probation  law 

.     .     .     1904-05.    Hartford,  19Q4-05. 
Cuche,  Paul, 

L'application  de  la  loi  Berenger  depuis  sa  promulgation   (26  Mars,  1891) 

jusqu'au  31  decembre,  1893.     (See  Revue  penitentiaire  Annge  18  p.  1262- 

1263). 

Daguin,  Fernand. 
L'application  de  la  loi  luxembourgeoise  sur  la  condamnation  conditionelle.     (See 

Revue  pe"nitentiaire,  Annee  19p,  563-65). 


REPORT  OF  THE  PROBATION  COMMISSION.  299 

Grubb,  Edward, 

Methods   of   penal   administration   in    the    United     States;     containing 
Probation  officers,  p.  31. 
Children's  courts,  p.  33. 

Issued  by  the  Howard  Association,  July,  1904. 
Grubb,   Edward, 

Probation  system;  letter  to  the  Glasgow    (Scotland)    Herald,  March  30, 

1905. 
Howard  Association, 

(Devonshire  Chambers,  Bishopgate  Without,  London,  E.  C.)      Probation 

officers  and  the  gift  of  guidance  4  pp.  0.  n.  d. 
Hughes,  Miss  E.  P. 

The  probation   system  in  America;    issued   to   the  Howard  Association. 

n.  d. 

Probation  of  first  offenders   (in  England). 

The  number  of  cases  released  ...  in  1897,  98,  99  ...  under  the  "  pro- 
bation of  first  offenders,"  Act,  1887.  London:  Eyre  &  Spottiswoode, 
1900. 

Proposition  de  loi  relative  au  pardon,  au  sursis  a  1'execution  des  peines  en  cas 
de  premier  delit,  etc.     (See  Revue  p6nitentiaire,  Anne"e  10,  p.  255-260). 
Reed,  Sir  Andrew., 

1.  The  probation  system;  letter  to  the  Glasgow  Herald,  March  30,  1905. 

2.  The  reformation  of  criminals.     ( See  MacM illan's  Magazine,  Nov.,  1904. 
Reviere,  Louis, 

La  loi  Btirenger  a  l'6tranger  (See  Revue  p6nitentiaire.     Anne"e  19,  p.  559- 

563). 
Setti,  Augusto, 

La  condanna  condizionale.      (SeeRevista  de  discipline  carcerarie,   1900. 

v.  20,  p.  3-50). 
Thorp,  J.  G.  Jr.  and  others. 

Probation:     its  relation  to  the  punishment  of  crime;  addresses  delivered 
to  the  New  England  Conference  of  Charities,  Correction  and  Philan- 
thropy, Oct.  1893.       (See  Lend  a  Hand  v.  11,  p.  453-477). 
U.  S.  Navy  Department, 

Report  of  the  Judge  Advocate  General,  p.  5-6.     (Probation  in  the  navy). 
Vincent,  Sir  Howard. 

Probation  of  first  offenders,  and  special  provisions  affecting  criminal  pro- 
ceedings against  children,     n.  t.  p.  4  pp.  octavo   (London),  1904. 
Doblet  d'Alviella,  comte. 

Les  juvenile  courts  aux  e"tats-Unis.     (See  Bulletin  mensuel  de  la  Federa- 
tion post  scolaire  de  Saint-Gilles,  January,  1906.) 
Jenkins,  E.  Fellows. 

Origin  of  the  Juvenile  Court  and  laws  for  the  betterment  of  children; 
a  paper  read  at  the  15th  annual  convention  of  the  N.  Y.  State  con- 
vention of  Societies  for  the  Prevention  of  Cruelty,  held  at  Syracuse,  Oc- 
tober, 1904.  10  pp.  O.  N.  Y.  1905. 


300  REPORT  OP  THE  PROBATION  COMMISSION. 

Juvenile  courts;  editional  article  on  legislation  in  New  Jersey  (See  New  Jer- 
sey Review  of  Charities  and  Correction,  May,  1903.) 
Lindsey,  B.  B.,  compiler. 

Juvenile  court  laws  of  the  State  of  Colorado,  as  in  force  and  as  pro- 
posed, and  their  purpose  explained;  published  by  the  Juvenile  Improve- 
ment Association  of  Denver,  Col.  79  pp.  0.  1905. 
Miles,  B.  J. 

Would  the  establishment  of  juvenile  courts  be  advantageous  to  the  in- 
dustrial schools  of  Iowa?  (See  Bulletin  of  Iowa  Institutions,  1903,  v. 
5  p.  19-25. 


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